With all of the legal jargon out there that can make estate planning feel overwhelming, it helps to have a grasp of the basics. One of the most common concerns among those who are planning their estates is of course their wills. Wills go through many processes and often must undergo what is known as probate. According to the AARP, the American Association of Retired Persons, probate is defined as ‘proving’ a will and categorizing, identifying, and appraising the personal property. Within this process, there are many stages and slippery slopes.

What Types of Property Must Go Through Probate?

There are several types of property that the AARP points out must be probated. The first is property that you hold in your name that is in no one else’s name. There are also those properties that co-owned that the AARP describes as ‘tenants in common.” Within those assets that must be probated are all life insurance policies that are made to your estate, not to a spouse or other individual. Any property owned by your deceased spouse should your spouse be deceased that is marital property must also be probated.

What are the Stages of Probating a Will?

The probating process is initiated by the executor of the will who displays the original will document to the court. If there is no will, an administrator is named by the courts. All assets you own are then frozen so that no transactions can be made until your affairs have been taken care of. AARP says that the court will give survivors an allowance taken from the estate upon which they can live and or pay funeral expenses while the probate is in process. During the probate phase, creditors can charge the estate for any debts that you may have left behind. Taxes are also paid during this process. In the end, the administrator or executor deals out the remaining property.

Is Probate a Good Thing?

Many experts offer that probate should be avoided if possible. Nolo, a do-it-yourself estate planning company, claims that probates do not benefit survivors. There is always paperwork, charges, and time-consuming activities that keep your loved ones from beginning the grief process. Nolo offers that if it can be avoided, it most definitely should.