Administering an estate

Probate is the legal process of determining the assets of a decedent (a person who has passed away) and the rightful heirs to the estate. The Probate process allows for a personal representative to be appointed and act in a fiduciary capacity to effectively distribute assets to the lawful beneficiaries. 

A probate case must be opened in the county where the decedent resided and all interested parties must be given notice. On average a probate case takes about one year to fully administer, but often times may take longer.

If an individual created a Last Will and Testament before death, then the will is admitted to court and used as an instruction manual to distribute assets and nominate a personal representative. It is a common misconception by many that the existence of Last Will and Testament avoids probate. 

If an individual died intestate (without a will), then a probate estate may be opened to determine the heirs at law and rightfully distribute to those individuals. 

Probate can be a long and tedious process, full of deadlines and statutory notices, so it is important to work with an experienced attorney assist in the process.

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