Probate & Estates
When a person dies their estate passes to their heirs. The process of distributing the estate’s assets to the heirs is the process of probate. Probate is overseen by the court. Court oversight helps to make sure that the estate passes as the decedent wanted. And, estates often pass from one generation to the next very smoothly.
If the estate has been put into a “living trust” there is no need for probate. If there was a trust then technically the decedent did not have an estate- the trust did. The estate will pass as it is described in the trust and it will be handled by a trustee.
There are many things to keep in mind as a family member concerned that the process of passing the estate will be handled properly. For more information please read the articles below. I have intended the articles to be practical and informative, but they are not intended to be legal advice regarding your specific situation. If you have concerns about your particular situation please call me for an appointment. There is no charge for an initial consultation to go over your circumstances and see if I can help you.
- Probate Overview
Probate is the process by which an individual's financial affairs are brought to a close after death. The process can take several months or even a year depending on the complexity. - Probate Costs
The cost of probate is set out in the probate code.The cost depends on the value of the estate. - Who has the Right to be Probate Administrator?
An administrator is the person who is appointed by the court to be the deceased’s personal representative of the estate during the probate. If there is a will that names an executor there will not be an administrator.