Probate is the court-supervised legal procedure of validating a will, and collecting and distributing the decedents' assets according to their will after their passing. If they did not have a will, their assets will be divided according to state law.
The purpose of probate is to give the assets that once belonged to the deceased individual to heirs, beneficiaries, and/or organizations. When a loved one names an executor in their will, or the court chooses an administrator, they must follow a number of steps to properly administer the decedent's estate. Our team at Connelly Law has the ability to help those experiencing the probate of a loved one's estate.
Please feel free to contact our Elder Law Attorney if you need probate assistance in any of the following:
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This website includes general information about legal issues, issues affecting seniors and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. You need to contact a lawyer licensed in your jurisdiction for advice on specific legal issues and/or problems.
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In Estate Administration a personal representative must administer an estate according to state law. Usually, the executor or administrator is in charge of opening the estate, collecting and managing the assets, paying taxes and debts, closing the estate, and distributing the property and assets. Paperwork must be filled out and submitted to the probate court on or before appropriate deadlines to ensure that the estate is closed in a timely manner.
Estate litigation may occur when a beneficiary feels they have been unfairly excluded from a will, or did not receive what they believed was their fair share of a decedent's assets. This is known as contesting a will, which may be difficult to prove without an attorney's assistance. If someone feels the personal representative is in breach of their fiduciary duty, they may attempt to remove the personal representative and have the court appoint another qualified individual.
The Probate Process
Probate may take anywhere from a few months to a few years, depending on the estate, possible creditors, taxes, and beneficiaries. Small estates may qualify for a small probate proceeding, and depending on the court's discretion, a widow and children may receive an allowance during the probate process.
CONNELLY LAW'S PROBATE LAWYER IS ON YOUR SIDE!
If you need any assistance during a loved one's probate, you may contact the attorney from our firm. We have the ability to help clients through the probate process and estate administration, and may represent a beneficiary during estate litigation.
Please call our office, or fill out a free case evaluation via our website.