Probate is the legal procedure by which the property of a dead person are liquidated and thin, and it is dealt with in the state probate court. Even small estates can frequently be a hard process to manage, especially for grieving family.
The lawful process, usually established through the court, in which the assets of a dead individual are liquidated and handed out is identified as probate. The procedure of working with with small estates can not only be difficult at times, but can also be hard for anguished family members.
Although many components of the process are common to the majority of states, probate laws vary from one state to another. There are states that will allow a more simplified and less complex version of the process for estates. Otherwise, the formal procedure can prove very complex and can drag on for months, or even years, and in these situations the counsel of a probate lawyer is generally needed.
When somebody dies, a petition has to be filed in the probate court to open a probate case, along with the will if there is one, generally within 10 days. This can be done by anyone, but it is normally done by the person named in the will as the person picked to carry out the testator’s last wishes. This individual is referred to as the executor or personal representative, and can often be the probate attorney. The local newspaper will normally publish the notice of probate.
When the petition is filed, the court will appoint a personal representative to handle the administration of the estate, normally the individual named in the will. In such cases, according to that particular state’s intestacy laws, the court will determine lawful heirs and insist on retaining a probate attorney.
The executor or administrator will need the services of a probate attorney during the process of estate administration. It will be necessary to complete an inventory of all the assets of the estate, including all property, real estate and financial assets, and carry out a valuation of all the assets. Creditors will have a specified time period to file their claims on the estate, and this includes those with unpaid bills or other outstanding claims, upon which the administrator will access such claims and pay them off when approved. The claim will go to litigation should it be disputed and at which time a probate lawyer will provide counsel and representation.
Should there be a situation of a dispute, seeking the help of a probate lawyer may be required. There sould exist where a claim’s executor is not competent to perform the required duties, where the will may be contested on the grounds that the testator lacked mental capacity, in which he or she was unduly influenced. After all claims and disputes are settled , the court will then authorize the administrator to distrubute any remaining assets among all the beneficiaries or heirs.
Probate can be a stressful experience for all those involved. Even when the process is simple, they still have to deal with things at a time of grief and emotional distress, and should legal complications arise, can prove to be a total nightmarefor everyone involved. The support and guidance which a probate attorney can provide at such a time can be invaluable, and can help ensure that the final wishes of the deceased loved one can be fulfilled with the least possible difficulty. Broward probate attorney