Now if there is a Will the probate process becomes a little easier as the deceased will have given specific instructions as to how his estate is to be allocated.  Any assets, including properties, stocks and shares, funds held in current or savings accounts will be handed over to the personal representative who is under an obligation to gather information about the assets and report to the court.

Although, this looks straightforward when there is a will in place. Look out for those who wish to file a petition against the validity of the will or their right to a claim part of the estate. The court must consider the petition carefully as a rejection can lead to a lawsuit claim sum of the estate.

The real stress factor starts when there is no will. This is called intestate and the law will provide guidance to the courts on how to distribute the assets.  The law of intestate provides for the court to look at the family tree of the deceased and will then make a decision as to who gets what.

Depending on the deceased last known place of residence that counties court will hear the application for probate. Also be careful where the deceased has property has properties in other counties and states, an further probate application must be lodged in the state that the property is in.

The court can only deal with assets that are owned and belong solely to the deceased and all assets that are either dealt with by trust or joint tenancy, which are automatically transferred they are set aside by the court.

It is quite often difficult to know all the ins and outs of someone’s life, especially when it comes to debts. One of the major reasons that probate matters take so long is that just when you think you have everything distributed equally, another creditor comes along and stakes his claim. It is the duty of personal representative to make sure all debts are settled. Again, creditors can lodge petitions on the court and the personal representative.

Just to give you an idea, it can take up to three years for the court to distribute and settle the estate, if there is no will, the authenticity of the will is dubious or that an unknown beneficiary comes along to question the settlement of the estate. This is sometimes referred to as a Probate sale, where the court takes over everything, which is why it takes so long for them to deal with matter. This also becomes very expensive and naturally erodes away at the estate.

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If you have decided to do some estate planning, this is one of the most important elements to a complete plan. It can avoid these uncomfortable conflicts after your death between family members.
The Will only becomes effective upon your death and the content of Will is not valid before that time. Therefore it can be destroyed or amended before your death without any consequences.

Most people think that they only need to have a Will done, if they get married, have children or buy a property. This is not true, you need a Will at any time. As it can deal with any of your possessions, relations or your wishes that you did not want people to know until your death.

A Will can be short an simple or long and complex in which you separate your assets, such as your property, stocks and shares, funds in bank account etc. These can be distributed to certain individuals, institutes and charities.
You must choose a person you can trust to execute your Will, they will act on your behalf after your death to deal with your affairs as per your last wishes.
Who does the Will benefit? You, as would you prefer that your possessions went to an ex-spouse rather than directly to your children as you had wanted if you had been alive.

You can have your Will drawn up by a Lawyer or you can use the many credible and online Will drafters. Who can create the Will for you at a fraction of the cost. You can instruct your lawyer on what you wish to achieve from your Will, and what assets you have and they will create a draft for your approval.
To have a valid Will, the Will must:

- be in writing
- be signed by the one creating the Will.
- be acknowledged to be the Will of the person who signs it.
- be witnessed, preferably by those that do not benefit from the Will
- be dated

You will get instructions on what to do next if you decide to use an online company.

Most importantly, you must let somebody know that you have a Will and were it is kept. As often, no family member is notified that a Will was made and they proceed on the basis that there is no Will.
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