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Probate Law

 

The concept of a Will is commonly understood to be a way of passing on a person’s assets after death. The will says who should manage the distribution of assets to the heirs according to the directions given in the will. This may seem pretty straightforward but it is often more complex. That is partly because the will does nothing until it is probated.

Most of us have heard at least one or two stories about the difficulties one can encounter navigating the probate process. The experience is often made harder because the executor may be a loved one experiencing grief along with new responsibilities.

Probate is the legal process of administering an estate and resolving all claims to assets and property the process is often dictated by a valid will, but also applies when a person dies without having signed a valid will. The process involves validating a will and interpreting the intent and instructions contained with the will or following statutory dictates in the absence of a controlling will.

Probate involves not only the distribution of an estate, but also resolution of any creditor claims and assignment of an executor or administrator. The process works on behalf of heirs and other parties who may have claims against the estate.

Probate Law Includes:

Estate Administration – In cases where the decedent had no will (intestate), the court may appoint an Independent or Dependent Administrator to oversee the administration and distribution of the decedent’s property and assets. In the event there is a valid will, the court can appoint an Independent or Dependent Executor or Administrator to perform these duties.

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