After losing a loved one, the last thing you want to do alone is handle the probate process. It is complicated and potentially cumbersome. You need an experienced probate administration attorney who understands your state’s probate process and how to navigate its complexities. You may instead be planning probate avoidance to save yourself from going through it in the future.
At Kondori & Moorad, LLP, our probate administration attorneys have years of experience we will put to work for you. We help you with the probate process, in drafting and managing trusts, and much more to help you and your family.
Probate Overview
Probate is a legal process triggered when a person dies with or without a will, or with assets not handled by some other estate planning document. It is the general administration of the deceased person’s estate and assets after their passing. It may administer the terms of the will or handle estates where a decedent never had estate planning documents of any kind.
Most states name an executor or administrator to complete the probate process. This individual may be named in the estate planning documents by the decedent, or may be appointed by the court. This will depend on the individual circumstances of the estate.
How a Probate Administration Attorney Can Help
There are many ways a probation administration lawyer can help you and your family. We analyze your unique case to determine your needs and develop a strategy to get you the best results.
Probate attorneys can perform tasks such as:
- Proving the validity of a will
- Interpreting ambiguous terms of a will
- Proving that there is no will
- Contesting the terms of a will
- Petitioning to sell real estate
- Preparing death certificates
- Performing inventories and accounting
- Handling debts and demands hearings
- Determining whether to claim or disclaim inheritances
- Managing estate and income tax issues related to probate
- Managing the probate administration process on your behalf
- Securing an appropriate executor and helping with their duties
- Settling any debts of the estate and managing creditor claims
These issues and many more show you just how complex the probate process can be. During your time of grief, you do not want to handle all of this by yourself. Our skilled and compassionate probate administration attorneys are here to assist you during this time.
Probate With a Will
When a deceased person had a will, their assets may still pass through probate. The will typically names an estate executor to manage the filing of the will and initiating probate proceedings. The executor is often a family member, perhaps with little to no experience handling the probate process.
An attorney can help the executor through probate and to follow your loved one’s final wishes as expressed in their will. Families may also need to challenge a will during this process, depending on its validity or issues with the will itself.
Probate Without a Will
If a person dies without a will, they are considered “intestate.” This may also occur if a court deems a previous will invalid for some reason. The probate process can help distribute assets from an intestate estate to the decedent’s beneficiaries.
Without a will, the beneficiaries are determined by state intestacy laws. This typically distributes assets to close relatives such as spouses, children, parents, siblings, and others. State law varies on who receives assets without a will.
Probate Avoidance
Many people want to avoid probate altogether. This can save their loved ones a great deal of stress and save money for the estate. Probate avoidance requires pre-planning. This means that a person must speak with an attorney before they pass away to avoid probate.
The right estate planning strategy can help you allocate your assets so they never go through probate. You can create a system to distribute most or all of your assets automatically upon your passing. A skilled estate planning and probate administration attorney knows how to help.
Work With a Skilled Probate Administration Attorney To Get the Help You Deserve
You need a law firm with decades of experience handling probate administration matters to help you. Our attorneys understand the complexities of this process and represent clients in many states. We can help you through the probate process or pre-plan to avoid probate altogether.
At Kondori & Moorad, LLP, our skilled and compassionate probate administration attorneys are dedicated to getting you the best results. Contact us today to get started.