Individuals who pass away with a properly executed will make life much simpler on those left and required to carry on after an often sudden loss. A properly prepared will and the corresponding documents, typically name an executor to handle the winding down of the deceased’s affairs and distribute property as the deceased wished. Typically a second person will be nominated in the event the first choice is unable or unwilling to serve. It is likely papers have already been signed and the executor will have standing to go before the probate court and open the estate. The process is simple with proper planning.
However, if the deceased did not plan, problems can ensue. Probate will need opening. without a named executor, an interested party can go before the court and have the probate estate opened. If there is some debate as to who is an interested party, litigation can ensue right off he bat. This can all be avoided with proper planning that will be less costly on the front end.
It is important to know that if a named executor fails to open up the probate estate in a timely manner, an interested party may petition the court to have the estate opened so affairs can be attended to. If the named executor cannot be located, an interested party can still move forward with filing for probate of the estate.
The point here is, taking steps while still alive is easier on your heirs. It also allows immediate attention to your affairs and making sure your loved ones are cared for. It also prevents the wasting of assets when they cannot be managed for some period. An example is a volatile stock that you hold in your estate.
Make it easier on those that you love in the event you go before them. See an attorney and have a plan put in place. Those you leave behind will love you even more.
Wesley Kent Hill
1800 Peachtree Street, NW Suite 300
Atlanta, GA 30309
404 396 1617 or whillesq@gmail.com
The Hill Firm, LLC 