Probate can be one of the most difficult experiences of your life. Not only does it involve unfamiliar confusing paperwork and the stress of meeting important deadlines, it occurs at a time when you are grieving the recent loss of a loved one. Having an experienced probate attorney guide you through the process from start to finish will significantly reduce the burden during this already difficult time.
Probate serves three main functions:
Collection of Assets: The personal representative of the estate collects the decedent’s real and personal property, as well as debts owed to the decedent.
Payment of Debts: Creditors are given a certain amount of time to bring claims against the estate. The personal representative is required to give notice to all “reasonably ascertainable creditors” within a certain time period. The personal representative then files an allowance or rejection of claim and pays the legitimate debts out of the estate (once approved by the court).
Distribution of estate: The court must determine which persons are entitled to receive the decedent’s property, and to distribute that property. This is determined by either reviewing the decedent’s will or by effect of the laws of intestacy. If there is a dispute as to the validity of a will, or as to its interpretation, potential beneficiaries or heirs have an opportunity to raise these issues.
If you would like to speak with a Probate Attorney call us today!