Many people have heard the term probate but are not always sure what it actually means. Probate is the legal process that takes place after a person dies to administer that person’s estate. The process can vary significantly depending on how a person planned during their lifetime or did not plan, including whether they had a will or other estate planning arrangements in place.

If a person dies without a valid will, that person dies intestate. In that situation, New Hampshire law determines who receives the probate estate, rather than the decedent’s own written instructions. That can create uncertainty and added stress for family members at an already difficult time.

By contrast, proper estate planning can provide clarity and direction. A valid will can help ensure that a person’s wishes are expressed and can identify the person who will administer the estate. Persons establishing a trust and utilizing other estate planning methods such as joint accounts, beneficiary designations, and on death designations, can often bypass the probate process altogether.

Planning ahead can make the administration of an estate more efficient and less stressful for loved ones. Whether you are considering a will, establishing a trust, or simply want to better understand the probate process, the attorneys at Kalil & LaCount can help you evaluate your options and plan for the future.