The Good Side of Probate
It is a usual delusion that probate is bad and should be avoided at all costs. After all, it can be a lengthy process that might take up to several months or even longer. Moreover, it can be expensive for some people due to the court costs involved. In addition to these things, as probate is a matter of public record, anyone with interest can learn in depth details about the case.
There are a number of ways in which probate can actually prove beneficial to the heirs of the estate. When the negatives start outweighing the positives of probate you contact an Natick Estate Planning Attorney for a free consultation.
Probate involves the settlement of any claims held by the creditors to whom the decedent owed debts. According to Cuyahoga probate law, the executor of the will is legally required to provide a notice of the probate proceeding to any creditors who are reasonably ascertained to be owed money.
One primary benefit of probate is that it gives heirs along with anyone else with interest in the estate to file a claim against the estate. Litigation here involves challenging a certain aspect of the will or of the entire document.
In many cases, probate law even makes it possible to challenge the creditor's claims and when this happens, the creditor is required to go through the process of filing an entirely separate lawsuit, which many give up on. As soon as all the claims have been settled, expired of defeated, the estate will be cleared of any encumbrances.