Probate is the court-supervised process used to transfer title to assets. All testate estates (with a will) and intestate estates (where there is no will), must be probated. If the deceased has a proper trust, probate can be avoided regarding trust assets. The probate process involves:
- Filing a copy of the will with the court
- Filing a petition with the court to appoint a personal representative or to approve the personal representative named in a will
- Managing estate assets while probate is pending
- Paying debts
- Paying taxes (for More Information, see file, Paying Taxes)
- Collecting and valuing assets
- Distributing assets of the estate
- Filing an inventory of the estate
- Closing probate
If you have been named as the Personal Representative (Executor) in a will or you have a family member who has died without a will, I can help guide you through each step of the probate process and help make a stressful and difficult situation a bit easier. Typically, attorney fees are paid for by the estate, rather than the Personal Representative (Executor). I tailor my services to meet the level of support desired and needed to help hold down costs.
How lengthy the probate process is depends upon the type and size of the estate’s assets, how well the estate planning was performed, and whether any heirs challenge the will. Some estates can be administered by utilizing the Small Estate Affidavit procedure. This is a simple process that I can help you with.
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