In the death of a very important person in the family, there is grief and everyone feels a big loss. But there is something else that’s lost in the family - their peace of mind and unity. Who’s going to inherit what?

This very question has been present for many years, but oftentimes, it led to disagreements among family members and relatives. Basically, this is more important to the head of the families who has bigger properties. Thus, the State made a move regarding this matter to avoid greater conflicts in the future. This is called the Probate Law.

For the sake of clarification, let us talk about its etymology. Probate is derived from the Latin word “prove it”, thus probate specifically refers to the last wishes of the late head of the family that will be granted. In cases when there is no last will and testament, the probable wishes will be established so that there will be a fair division of the properties and belongings that the deceased used to own.

These two situations mentioned earlier refer to the two types of cases where the probate law has power. Whatever the situation maybe, the properties of the deceased will be divided by the personal representative whom the deceased person chose before his death. Moreover, there are also cases in which the deceased was not able to leave his last will and testament and was not able to choose his representative. Therefore, the person that will be chosen is the next kin. This is how the Probate Law protects the properties of the deceased and ensures that it is given to the right person.

However, the process is not as easy as that. Based on the Probate Law, before the estate will be divided, it is deemed important to finalize all the personal affairs of the person who died. Meaning, all of his/her assets must be claimed, especially if they have pensions. Also, the debts and any other liabilities of the deceased must be paid. The existing contracts of the deceased in his many business affairs like phone contracts and other contracts in the business must be settled.

Aside from that, there is still another reason why the family members of the deceased will be wanting their share more because things are a bit complicated. It is possible that someone can claim against the estate within the span of six months. This is stated in the Probate Law. This is due to unreported debts or other issues that are not reflected in the documents earlier. If this happens, there is a tendency that the properties that must be shared will be lessened.

When you are still depressed and still grieving for the loss of the special person in the family, it is hard to keep yourself together and deal with the legalities directly. Thus, it will be very good if you hire an attorney, the family attorney will do, to fix all these processes required by the Probate Law. This is a relief on your part since the process is really long, somehow costly, and even discouraging for you when you haven’t totally accepted the fact that a member of the family had passed away.