Jimi Hendrix died without a Will in 1970, leaving behind an estate that’s currently valued at more than $160 million. And now, more than five decades later, the bitter battle over its control rages on, as the Hendrix Estate is suing the heirs of Jimi's bandmates over alleged royalties and copyright issues.

This is a prime example of what could go wrong when people die intestate (i.e., without a Will). It leaves your loved ones vulnerable, and more often than you'd think, you’ll have all sorts of people coming out of the woodwork to make a claim.

You don’t have to be a wealthy celebrity to have a Will. If you have any assets that matter a great deal to you, it’s always better to decide while you’re still alive who should get them. If you don’t, then state law steps in after your death to decides who gets what share of your estate. This is going to involve lawyers, judges, lots of money, lots of time, and the probate process.

WHAT DOES PROBATE MEAN? Probate is a legal term that refers to the process of proving a Will. It means making sure that the deceased’s estate is distributed fairly among the rightful heirs, whether or not there was a Will left behind. If there was no Will left behind, the process must go through probate court to decide how the assets will be distributed among the deceased’s loved ones. For smaller estates, the probate process doesn’t usually take long. The matter can be concluded in a matter of months. However, probate for bigger estates can takeyears, especially when individuals with legitimate claims to the property and assets file petitions in court to contest the Will. So, as you can expect, this could end up dragging out the process even longer.

WHAT DOES A PROBATE LAWYER DO? Probate lawyers wear many hats. The exact role they play in a probate process ultimately depends on whether or not the decedent had drafted a Will before their death. Here’s what a probate lawyer does in both instances.

THE ROLE OF A PROBATE ATTORNEY WHEN THERE’S A WILL. If an individual dies testate (i.e., with a valid Will), the concerned parties may retain a lawyer in an advisory role to offer guidance to the concerned parties. These include the beneficiaries or the estate's Personal Representative. For instance, the attorney may inspect the Will to check that it wasn’t created under duress or in a way that would contravene the interests and wishes of the person. This is particularly important if the decedent was elderly and suffered from dementia.

THE ROLE OF A PROBATE ATTORNEY WHEN THERE’S NO WILL. If an individual dies intestate, the decedent’s estate is distributed among the rightful beneficiaries according to the intestacy laws in the state where the property is located. Although these laws vary widely, in most states, the surviving spouse receives all the property. In such instances, an attorney may be hired to help the Personal Representative in the distribution of the assets according to the state laws. Keep in mind that regardless of what the deceased’s wishes were or the needs of the family members, the lawyer can only act within the confines of the state’s intestacy laws.

OTHER ROLES OF A PROBATE LAWYER. Aside from that, a probate attorney also helps the Personal Representative to:

* File the Will with the Court and make sure appropriate Letters Testamentary or Letters of Administration are issued.

* Give proper notice to all interested parties.

* Settle the deceased’s bills and debts.

* Collect and manage life insurance proceeds.

* Determine whether the estate owes any taxes.

* Find and secure all the deceased’s assets.

* Get the decedent’s assets appraised

WHEN DOES AN ESTATE HAVE TO BE PROBATED? Contrary to what you might believe, not every estate has to go through the probate process. It is only required when there are no other means through which the decedent’s property can be transferred to the estate heirs. If the individual had taken steps to distribute the assets before death, the estate doesn’t need to be probated. For instance, life insurance policies and retirement accounts usually have a designated beneficiary. These go directly to them on the death of the principal, subsequently bypassing the probate process.

The same goes for bank accounts with a TOD (transfer on death) or POD (payable on death) beneficiary designation and jointly owned assets with survivorship rights. In the latter, the surviving owner automatically inherits the deceased’s share of the property or asset.

In case you’re wondering how to avoid probate, here are three easy steps you can take:

* Name beneficiaries on all the accounts that you own. These include bank, brokerage, retirement accounts, and life insurance policies, and pension plans.

* Create and fully fund a Revocable Living Trust that leaves your assets and property to your beneficiaries upon your death. This allows for asset distribution without getting the courts involved.

* Hold your property jointly with your spouse or partner. That way, ownership automatically passes to them upon your demise.

GET LEGAL HELP. If you were named the Personal Representative of an estate, or a loved one died without a Will, you need to get in touch with an experienced lawyer as soon as possible. They’ll hold your hand through the entire process to ensure that the decedent’s estate is distributed fairly among the rightful beneficiaries. If you have any legal questions, give us a call at 253.858.5434 to set up an appointment today.