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How a Will Can Prevent a Lengthy Probate Process

July 31, 2024

Planning the distribution of the assets in your estate is a prudent move on your part. According to a Caring.com study, only 33% of Americans have an established estate plan. Wills are great estate planning tools because they clearly outline the wishes of the person who created the document. They can also be used to mitigate the delays caused by probate. Find out how your will can make the probate process shorter for your loved ones by continuing below.


Your Will Provides Clear Instructions for Asset Distribution

First off, a will can speed up the probate process by indicating how your assets should be distributed. If a deceased individual passes away with no will, their assets must be transferred based on state laws. That is often the cause of significant delays in the probate process. Since the court will try to identify and contact the rightful heirs based on state law, you can expect the entire process to be drawn out.


A will removes that element of probate. Instead of tracking down potential heirs, the court will abide by the wishes of the testator, otherwise known as the person who created the will. Chances are the heirs the testator mentioned in their will already know about their passing, so the court will not have difficulty finding them. Probate can go faster because of that.


Your Will Can Prevent Challenges During Probate

Next up, properly crafted wills contribute to the faster completion of probate by preventing disputes among potential heirs. Due to personal reasons, the testator may have had conflicts with their children or other loved ones before passing. As a result, the testator may have given them relatively meager assets. While those individuals may feel they deserve more, they may not have the grounds to demand that.


Courts stick to the wishes outlined by the testator. Unless a petitioner can prove the testator wrote the will under duress or without sufficient mental capacity, their challenge will not succeed. The mere existence of the will can prevent those challenge-related delays.


Your Will Compels the Executor to Act Quickly

Finally, you can compel your chosen executor to file your will immediately. Your executor will likely know about your passing as soon as it happens. Once they learn of that development, they can immediately file your will with probate to start the process.


A lengthy probate process can be tough on your loved ones. Make sure they don’t have to suffer through that by preparing your will today. We specialize in helping our clients create accurate and comprehensive wills. Contact us today at Fountain City Law Group, and let us help you draft that essential document.

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