You must be aware of the process of probate when you are planning your estate and take steps to prepare for it intelligently.
If you think about it logically the typical individual who passes away may have taxes, debts and other types of financial relationships that are still outstanding. Because of this the powers that be must provide a forum within which these matters can be resolved before the heirs to the estate receive their inheritances. This is what the probate process is all about.
You must name an executor when you are drawing up your estate planning documents because someone has to actually do the legwork involved in administering the estate after you pass away. This individual should ideally have an understanding of the probate process and have some idea of what is going to take place.
However, most laypeople have no particular reason to know anything at all about probate and this is understandable. For this reason it is advisable to bring in a probate lawyer to assist the executor.
One logical course of action would be to develop a relationship with the estate planning attorney that draws of your last will.
You arrange for this attorney to act as probate attorney after you die and you let your executor know that he or she should contact this lawyer to initiate the probate process at the time of your death. This will ensure a smooth administration of your estate with your heirs receiving their inheritances as quickly as the process will allow.
Mr. Nirenstein is licensed to practice before the courts of the State of Connecticut and the United States District Court. He is a member of the Connecticut and Hartford County Bar Associations, and the Estate and Probate, Elder Law, Business Law and Real Estate Sections of the Connecticut Bar Association.
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