At Legacy Law Group, we believe that planning should be personal, practical, and proactive. That means helping you understand not just what documents you need, but why they matter and how they work when life takes an unexpected turn. One of the most important (and often misunderstood) parts of estate planning is probate. Whether you’re planning ahead or managing the estate of a loved one, understanding probate is key to protecting your family and preserving what you’ve worked for.

What Is Probate?

Probate is the legal process that allows someone to step in and manage a person’s property when they can’t do it themselves, either because they’ve become incapacitated or because they’ve passed away.

There are two main types of probate proceedings:

1. Guardianship (When Someone Is Still Living)

If a person becomes unable to make decisions about their health, finances, or daily life, the court may need to appoint someone to help. This is called guardianship, and it comes in two forms:

• Guardianship of the Person – for decisions about medical care, living arrangements, and personal well-being.
• Guardianship of the Estate – for managing money, property, and financial matters.

With the right planning in place, like a general power of attorney and a healthcare power of attorney, you can avoid the need for guardianship altogether.

2. Estate Administration (After Someone Passes Away)

When someone dies owning assets in their name alone (without a joint owner and without a beneficiary designation), those assets can’t be transferred or managed until the court gives someone the legal authority to do it.

• If there’s a will, the court appoints an executor.
• If there’s no will, the court appoints an administrator.

This person is responsible for settling the estate: paying debts, distributing assets, and making sure everything is handled properly.

Why It Matters for Your Family

A well-designed estate plan doesn’t just prepare for the future, it helps your family avoid unnecessary stress, delays, and expenses. By understanding how probate works, you can make informed decisions that:

• Keep your family out of court
• Minimize costs and complications
• Ensure your wishes are carried out smoothly
• Protect your loved ones during a difficult time

At Legacy Law Group, we don’t believe in one-size-fits-all solutions. We take the time to listen, educate, and design a plan that fits your life so you can move forward with clarity and confidence.

Let’s Build a Plan That Works for You

Whether you’re just getting started or updating an existing plan, we’re here to help. Contact us today to schedule your initial estate planning appointment.