An estate is administered via probate by naming a personal representative (executor) and distributing assets to beneficiaries. It also requires paying the decedent’s outstanding debts and federal and state taxes. Each state has different laws determining if probate is necessary…
Intestacy laws determine how the decedent's property will be distributed if your loved one died without a will. Also known as intestate succession, it has similarities to the probate process when a will is present. Still, the terms are not…
Most estate planning attorneys can help you avoid probate altogether or minimize its impact. Probate proceedings are part of the public record and can be very time-consuming and expensive. However, in nearly every case, some probate is necessary, so it…
In a will, you identify who will receive your assets and properties, addressing who will inherit them after your death. Your will names a personal representative (executor) who will carry out your directives. In addition to asset distribution, your executor makes…
Probate court is where the probate process takes place, most people are familiar with the fact that it takes place following someone's death. Unfortunately, fewer people know that it can be a long and complicated process. It can sometimes take…
An executor named in a will is required to make public the date of death of the testator, usually by publishing it in a local newspaper. In part, this information serves as notice to creditors if the decedent has an outstanding…
Using legal techniques to avoid probate can save your estate tax dollars, keep your affairs private, and eliminate the need for court approvals at every step. It can save you time, frustration, and in many cases, significant attorney and court…
While a variety of family circumstances can increase the risk of probate litigation, there are two fundamental reasons: families disagree with how to handle a mentally incapacitated family member or, after death, disagreements regarding the dissolution of the estate. High-risk…
When a person is deceased, the legal procedure for authenticating a will is called the probate process and it includes, reviewing their assets, paying their outstanding debts and taxes, and distributing what to their inheritors. After an asset-holder dies, the…