If you’ve ever gone through the probate process, then you know it isn’t a particularly easy thing to do. It’s not so much that it’s difficult, it’s just sad, tedious, time consuming, and sometimes frustrating, even with a small estate.
There are some shortcuts to probate, but if you don’t know what those are (year's allowance, administration of a small estate, etc.), then you can get caught up in the full estate administration probate process, needlessly spending time and money.
If there is a Will, the person died “testate”, and property is distributed according to the terms of the Will. If there is not a Will, the person died “intestate”, and property is distributed according to the State’s statutes. Anyone who dies owning property in their individual name, and particularly real estate, should have an estate opened and ‘probated’ so that the property can be distributed properly.
If there is a Will, the person who opens the estate is called the “Executor”. If there is not a Will, close family members have the right to apply to be the estate’s “Administrator”. If no close family member applies to administer the estate in the first 60 days after a person’s death, then any individual, including a creditor of the deceased, can apply to open the estate. However, this does not mean the estate must be opened within the first 60 days after a person's death.
We can help you make the right decisions about probate. We can either educate you about the process and point you in the right direction to proceeed yourself to administer an estate or work with you through the the enitre administration of an estate providing clarity along the way in this complex court process.
If you have recently lost a loved one, our heart goes out to you and we are here to help if we can. The smartest thing you can do if you need to handle a loved one's estate is to talk to an attorney before doing anything at all. Don't even let family members take personal property from the deceeased person's home until you know exactly what needs to be done.
Learn how we can help you with estate administration
