When a loved one passes away (also referred to as the “decedent”), his or her estate will likely need to go through probate or estate administration, which is the legal process of transferring property and ownership to another after someone has died. Whether or not an estate needs to be probated will depend on how the decedent’s property is titled when they pass.
If the decedent had a properly drafted last will and testament, then the person named in the will as the Personal Representative (previously referred to as the Executor) would need to file a petition with the proper probate court. If the assets of the decedent were owned through a well-drafted and properly funded Revocable Trust (also known as a Living Trust), it is likely that the probate process would not be necessary and could be avoided.
Should a loved one’s estate need to be probated, our attorneys can walk you through every step of the process from beginning to end. We can help in identifying and gathering all estate assets, getting appraisals for said assets and help with the sale of any assets, as well as pay out any creditors seeking payment against the estate. We can also assist in the preparation of any tax returns for the estate and can help in the final distribution of property to any beneficiaries or heirs at law.