Probate originally meant to ‘prove’ that a Will is valid, and it has come to mean the entire process of administering the estate of a deceased person. The probate process involves:
- presenting a representative or executor to the Register of Wills,
- obtaining for the representative or executor the legal authority to deal with the decedent’s assets,
- collecting the assets under the control of the estate and accounting for them properly,
- providing certain mandatory responses to the Register of Wills and notices to the general public,
- liquidating liabilities,
- filing the necessary tax returns, and distributing the assets to the beneficiaries in accordance with the requirements of the law.
Dealing with the loss of a loved one can add to the administrative burden of probating an estate, but in essence, the process, though detailed and involving considerable paperwork, is not conceptually difficult.
Call us to provide legal representation and administrative assistance in probating the estate. We are capable of handling every aspect of the probate process for you, and, if you prefer, we are willing (not all law firms are) to participate with you in the process, providing counsel only where needed, and dividing responsibilities. We are flexible in how we bill the estate, depending on the cash flow and resources which are available to the executor or representative.
At the end of the process we will see to it that the executor obtains personal legal protection from any claims from beneficiaries of the estate or creditors of the deceased person. If, as occasionally happens, a lawsuit must be filed to close the estate, we are experienced in such matters and can deal with, for example, a recalcitrant beneficiary who refuses to vacate property which belongs in the estate. Call us to guide you through the process.
