What is Probate?
Probate is a general term used to describe the process of proving the validity of a will; as well as the settling of debts and administration of assets from the decedent’s estate to beneficiaries.
What is a Probate Attorney?
A probate attorney works with the executors and the beneficiaries of an estate to settle the affairs of the decedent. Probate lawyers defend against challenges to a will, speed up the probate process and prevent personal liabilities caused by the actions of an executor or executrix of an estate.
The Probate Process
If a loved one has died and left a will, it needs to be filed in probate court. If an executor is named in the will the probate court will need to approve him. However, if no executor is named in the will, an administrator will be appointed by the probate court. An executor and an administrator perform the same role which is to handle the affairs of the estate. Affairs of the estate include identifying and gathering the assets of the estate, making notifications of death, settling taxes, and distributing the remaining funds and property to the beneficiaries thereby officially closing the estate.
Probate of a Will or an Estate
The probate process of a will or an estate depends on its terms, beneficiaries, and heirs. As experienced probate attorneys, we will guide you the lengthy process and ensure the estate is properly probated to avoid costly taxes and fees.
The probate court may require a probate bond be posted prior to an administrator being appointed. The purpose of the probate bond is to ensure the administrator performs his duties in good faith and protects the beneficiaries and creditors of an estate from wrongdoing.