Estate Settlement

Sometimes estate settlement is one of the hardest aspects of dealing with the death of a family member. This doesn't have to be the case if proper preparation of all estate documents took place prior to the death. If you have the services of an experienced estate lawyer at your disposal, there can be even less worry and strife.

What is Probate?

Probate is the official proving of a will. The probate process is intended to establish the legal validity of a will, but it involves so much more than merely confirming that the signed, witnessed, and registered copy of a will is authentic.

In addition to proving in a court of law that the deceased individual's will is valid, the probate process also involves:

Identifying and inventorying the deceased's personal and real property
Having the property appraised
Paying debts and taxes
Distributing the remaining property as the will (or if there is no will, then state law) directs

When There is No Will

When someone dies without leaving a dated, signed, and properly witnessed will, the court decides who should receive the deceased's assets. It won't matter what your familial relationships were really like; the state will award property and cash to the survivors based solely on their legal relationship to the deceased. This is called dying "intestate." Generally only spouses, common-law spouses, and blood relatives inherit under intestate succession laws.

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What is Probate?

Losing a loved one can be an overwhelming experience and when you add in estate settlement issues, the months following the death can be much more than we bargained for. That's when it might be advantageous to hire an attorney. When faced with this situation, it's best to turn to the experts in estate settlement.