WHAT IS?
Probate is the legal process of administering the estate of a deceased person.
PROBATE AND ALTERNATIVES
- Petition for Probate: The executor or administrator named in the will (or appointed by the court if there is no will) files a petition with the probate court. If the court approves the petition, it grants the executor or administrator the authority to manage the estate. The executor or administrator creates an inventory of the deceased’s assets and debts. Debts are paid, including taxes, funeral expenses, and any outstanding bills. Remaining assets are distributed to the beneficiaries as specified in the will or according to the laws of intestacy. Probate is a long and difficult process.
- Petition to Determine Succession: If the estate is small enough and involves real property, a party may be able to avoid a full probate by filing a Petition to Determine Succession.
- Spousal Petition to Determine Succession: If the decedent is married and leaves behind not children, a Spousal Petition to Determine Succession may be used to avaoid probate and transfer real estate.
- Affidavit of Death: If the decedent held title to property jointly with another person or persons, an Affidavit of Death may be used to avoid probate and transfer real estate.
HOW WE HELP?
We prepare the necessary documents under your directions, file them in the appropriate court, and record them if necesssary.