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Are there any advantages to probate?

On Behalf of | Jan 3, 2023 | Probate Litigation |

Probate often gets a bad rap. After all, if someone creates a will — or lacks an estate plan overall — their assets go through probate court. That means the testator’s privacy will be compromised. Plus, the process can take years and lots of money to ensure validity.

Because of the trials involved in the probate process, some people wonder if there’s anything good about it. Even if it doesn’t appear that way, probate does have its benefits. Here are a few advantages of probate.

Probate comes in handy when one needs to contest a will

There are times when heirs contest a will due to jealousy, rivalry or guilt. However, will contests have their place if an individual suspects something wrong with it. That’s because many factors can affect the validity of a will like missing signatures, errors and/or forgery.

Probate helps take care of any debts the testator left behind

Unfortunately, some testators leave behind unpaid debts after passing on. Creditors — or an established executor — can take action to tackle them so that heirs have peace of mind.

Some testators establish more than one will

In certain situations, testators create multiple wills for various reasons. Regardless, it could be tough to decipher the validity of such wills. Probate can assist in clarifying confusion since it protects a fiduciary from having to handle it themselves.

Probate is available to the public

Compromising a testator’s privacy can be beneficial in particular circumstances. For example, if the testator created a will under undue influence, their loved ones could seek justice for them.

Though probate carries somewhat of a stigma, it can be of good use sometimes. To learn more about probate, please reach out to experienced legal assistance.