Probate & Estate
Our attorneys regularly assists clients in the probate process. When a loved one passes away, his or her estate often goes through a court-managed process called probate or estate administration where the assets of the deceased are managed and distributed. We can help you ease the burden on your loved ones while protecting your assets, With a well drafted and properly funded living trust, which we will create, it is likely that no court-managed administration is necessary, though the successor trustee needs to administer the distribution of the deceased's assets.
If you find yourself dealing with the death of a loved one without the benefit of a living trust - our team can help you navigate expeditiously through the probate courts. The length of time needed to complete the probate of an estate depends on the size and complexity of the estate and the local rules and schedule of the probate court.
While every probate estate is unique, most involve the following steps:
- Filing of a petition with the proper probate court.
- Notice to heirs under the Will or to statutory heirs (if no Will exists).
- Petition to appoint Executor (in the case of a Will) or Administrator for the estate.
- Inventory and appraisal of estate assets by Executor/Administrator.
- Payment of estate debt to rightful creditors.
- Sale of estate assets.
- Payment of estate taxes, if applicable.
- Final distribution of assets to heirs.
- Acting Executor.