Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person’s property under the valid will, or if no will exists, under state law. A probate court decides the validity of a testator’s will; appoints an executor or administrator of the estate when the administration is required; and adjudicates the interests of heirs and other parties who may have claims against the estate. It may sound daunting, but it doesn’t have to be.
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There are several methods of probating an estate, including:
- Letters Testamentary when there is a valid will and independent administration of the estate is requested;
- Letters of Administration when there is no will and independent administration of the estate is requested;
- Dependent Administration when the administration is necessary but court approval is required before the personal representative can act;
- Muniment of Title when there is a Will and no need for administration of the estate;
- Small Estate Affidavit when there is no Will and no need for administration of the estate; and
- Heirship Determination without Administration when there is no will and no need for administration of the estate.
In some cases, probate may be avoided by using one or more of the following:
- Affidavit of Heirship
- Family Settlement Agreement
- Living Trust
- Pay on Death or Right of Survivorship Designations
- Pay on Death Deeds.
You must understand the probate process and the options available to you. A free initial consultation with our probate attorneys will go a long way towards giving you the direction and peace of mind you need.
To learn more, contact us now.