Probate Attorney Services
- Probate Attorney Services
What is Probate?
Probate is a process of determining heirs, either with a Will or without and qualifying someone who can collect assets, pay debts, and distribute the inheritance. In short, the process of wrapping up a person’s legacy once they are gone.
When there is a Will, the Will is presented to the Court to be validated. A Will is nothing more than a piece of paper until a judge says otherwise. Once validated, the person named as Executor can take the necessary steps to administer the estate. When there is no Will, the heirs must be determined by the laws of the state. A person may still be named to administer the estate once the heirs are known.
There are several different ways to handle an estate in probate. A skilled, experienced attorney will be able to help you determine the process that best suits your needs.
Resources
FAQs
It is cost-effective and much easier to order the death certificates directly from the funeral home. Oftentimes, entities will accept scanned versions of a death certificate, however, just to be safe, you should order approximately 10.
Transfer of property depends upon the type of property and to whom it is being transferred. There may be non-probate options available, or there may be simplified probate options to transfer the property depending on the circumstances. The process will be determined by the specific circumstances. Contact an attorney to advise on your situation.
Naming an executor of your Will is a serious decision. This person is responsible for gathering your assets, paying or rejecting claims, filing an inventory, and notifying the beneficiaries. A skilled attorney will advise you on your duties and how best to accomplish them.
A copy of a Will may be probated if the original Will has been lost. There may be some additional testimony and notice requirements.
No! There are legal requirements that should be met before any debts are paid. Always consult an attorney before paying any estate debts. All debts of the estate have to be verified as accurate and valid. A skilled attorney will advise you on what to pay and when.