What is probate?
Probate is the court procedure through which upon your death your Will is admitted, a personal representative is appointed, and your estate is administered. Probate can take anywhere from 6 to 18 months, depending on the complexity of the issues within the estate.
Many people are surprised to learn that the goal of the probate process is actually to allow for anyone with an interest in the outcome of the estate to voice their concern. Any interested party may challenge: (1) the decisions made in the Will (2) the court’s interpretation of the Will or (3) the choice of the personal representative of the Will.
Many times attorneys are hired to represent the personal representative of the estate, or to act as the personal representative of the estate. Both of these services are within our areas of practice.
When a family member or loved one dies, dealing with the assets and bills can be overwhelming while you are grieving and planning a funeral. In most cases, regardless of whether the deceased had a Will, the administration of the estate can be done informally. As the word “informally” suggests, the process is less complicated than the formal Probate and involves little or no court time. Regardless of whether the decedent dies with a Will, a Trust, or intestate (without a Will) the Law Office of Jane L. Walker can help you through the process.
Estates using Will-based plans, as well as estates that pass without any planning go through Probate. We can help with:
- Affidavits of Transfer for estates under $50,000.00
- Administering Estates in Informal Probate or Formal.
- Administering Estates with or without a Will.
- Administering Estates that are contested or uncontested.
There are costs involved in the Probate process. The estate usually bears the cost of filing fees, personal representative fees, and attorney fees.
To avoid Probate many people choose Trust-based plans.