Wesley T. Dunaway, P.A.

Probate FAQs


Q: What is Probate?
A: Probate is a legal process in which the Court determines if the will is valid and administers the estate according to the will.
Q: How Soon After a Death Should Probate Start?
A: A probate should start as soon as possible after a person dies. Under the law, the decedent’s Will should be filed with the court within ten days of death. Also, starting the probate earlier rather than later can have advantages. For example: it distributes the estate more quickly, can minimize creditor claims and can help when filing any required tax forms.

If you’re concerned about what will happen when you pass away, we offer estate planning services. Expensive probate disputes may be prevented by thorough planning and drafting of a Revocable Living Trust, Last Will and Testament and/or Power of Attorney.

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