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What is Probate Law?

What is Probate Law?

What is Probate Law?

If you have recently lost a loved one or started doing your own end-of-life planning, you may have heard the term probate and/or probate law. There can be a lot of terms and legal jargon that get tossed around when discussing these matters.

If it is your first time dealing with probate it can be quite confusing. We are here to clear it all up for you. Today let’s talk about what exactly probate is and how the attorneys that specialize in probate can help you and your loved ones.

What is Probate?

Probate is the legal process that occurs when someone passes away. During the probate process, a few things happen. The person’s will needs to be deemed valid, the person’s assets and property need to be inventoried and appraised, debts and taxes need to be paid then the distribution of assets needs to take place to beneficiaries named in the will.

For example, if you were involved in an accident and needed immediate medical attention, your power of attorney could approve that medical attention which could potentially save your life.

The probate period can be lengthy and difficult on the family and loved ones of the person who has passed. The average probate period is around thirteen months with a will and even longer without. That is why having a will is important because it can clear up any confusion during this process. If there is no will, the assets will be divided according to state law, typically to next of kin which may align with the wishes of the deceased.

What Do Probate Attorneys Do?

During the probate process, there can be a number of issues that arise. This may include the contesting of a will, difficulty assessing property, lack of funds for debts or taxes, issues with life insurance payouts and trouble contacting beneficiaries. If there is no will, even more issues arise.

Probate attorneys are beneficial in helping with discovering the evidence and information finding period sometimes required by the court. They can also help if a conflict arises between the parties involved. Other things probate attorneys can assist with include: collecting payout from life insurance, obtaining asset appraisals, resolving tax issues and managing estate finances. Having a probate attorney for these steps will cut back on both time spent and the potential for error.

In a nutshell, a probate attorney can make sure the legal proceedings are done properly and the best possible outcome is reached. That’s why it’s important to have someone you trust and who is well versed in probate law.

Experienced probate attorneys like those at Mestayer Law Firm are here for you. Call Mestayer & Associates today so we can guide you through the estate planning process most beneficial to yourself and those who you intend to inherit your property.

Mestayer Law Firm provides civil litigation for clients throughout the Gulf Coast area including Pascagoula, Biloxi, and Gulfport. If you are making future plans for your estate, then contact us today and let us help take care of every detail of your finances. Call us today at 228-762-1193 or visit We are your legal experts! You can also visit our office located at 2128 Ingalls Ave. in Pascagoula, Mississippi. We look forward to talking with you!

No representation is made that the quality of legal services performed is greater than the quality of legal services performed by other lawyers.

This article does not create an attorney-client relationship. I am licensed to practice law in Mississippi and have based the information presented on US laws. This article is legal information and is for entertainment and informational purposes only and should not be seen as legal advice. You should consult with an attorney before you rely on this information. Any information provided in this blog is accurate and true to the best of my knowledge, but that there may be omissions, errors or mistakes.

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