Elaborate more on probate , I know that is where I am going to end up in the future.
Probate rules vary by state.
You need to talk to your father and make sure he's designated as many accounts as possible to beneficiaries. Those accounts won't go to probate if beneficiaries are named.
Anything (accounts without designated beneficiaries or property) going through probate judge will result in:
1. More court costs.
2. Higher attorney's fees.
since both are paid based on a % of the estate in probate.
Probate can be clean and simple
if there is a will dividing assests and no one challenges it. Make sure the will has been filed with a lawyer ahead of time (makes it harder to challenge) and not just with "someone" named in the will is a huge plus.
The easiest path you can hope for:
- A lawyer draws up the probate paperwork
- He submits notices usually in the newspapers asking for any debtors to step forward. They have X amount of time to make a claim (varies by state). If no one challeges the will or makes a claim against the estate, its easy.
- Judge signs off and your done.
This varies by state but can take as little as 3-6 months (assuming no challenges and all debts are addressed). We didn't have to go to court since no one made challenges and no debts showed up. It was all handled via paperwork shuffling through our lawyer.
Problems can occur when there is more than one will (older will pops up) and/or the mental state of the deceased when the will was written is challenged. That's why having a lawyer write up and hold a copy of the will is important. They make sure its a "clean" will.