4 Myths Regarding Probate - Last Will And Testament

4 Myths Regarding Probate

Probate Lawyer

If you or a loved one needs assistance with the probate process, seek the help of a trusted probate lawyer Bergen County, NJ clients rely on to understand and equip themselves for probate. There seems to be quite a bit of ambiguity regarding what probate is, and what a probate lawyer’s role is within it. The following are a few myths regarding probate.


  1. The probate process is mandatory in every state. This assumption is incorrect. In New Jersey, probate is mandatory after someone’s death to verify their will, and authenticate it. If the deceased does not have a will, the probate court will thoroughly go through the assets of the deceased and will disperse them how they seem fit.

  2. Hiring a probate lawyer is pointless. While some choose not to hire a probate lawyer, there are many benefits to hiring an experienced lawyer who practices probate law. If you desire your probate process to run smoothly, it would be in your best interest to hire an attorney from Kaplan Law Practice, LLC. Until the probate process is complete, the beneficiaries will not receive any of their inherited assets. That is why many individuals choose to hire a probate lawyer to ensure the probate process goes as quickly as possible.

  3. The probate process is simple and does not produce conflict. Although many wish this myth were true, sadly it couldn’t be farther for some undergoing the probate process. Due to the nature of going through the deceased’s will or lack thereof, the probate court can be extremely complex, and simple errors may extend the court process for months, possibly years. Allowing a probate lawyer to assist you will not only help things run smoother and quicker as mentioned before but also watch out for the errors that extend the timeline of the probate. If the will is contested during probate by a family member, business partner, or someone else close to the deceased, the probate process will drag on. Thankfully, an attorney experienced in probate law can mediate between parties if they are contesting the will or its distributed assets. Mediating may allow the probate process to continue with unnecessary conflict, allowing it to end, rather than continue for years.

  4. The probate process does not concern the deceased’s debts or financial obligations. This myth is false because much of the probate process includes going through the deceased’s debts and assessing if there are any outstanding, as well as medical bills that need to be paid, mortgages, funeral costs, and other tax considerations. To ensure that the probate is not held up by debt, probate lawyers highly recommend their clients have a plan to deal with their debt, medical expenses, and funeral costs when writing their will. If you are needing to write a will, it would be extremely advantageous to consult a probate lawyer. They have the experience needed to verify your will and make sure you have all aspects accounted for, ensuring it is validated in court. 
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