What is Probate?
When a person dies, the court reviews the person’s will and estate through a process known as Probate. This is done to ensure the Will is authentic and meets state law requirements. If there is no Will, the Court relies on state law to determine how a deceased person’s assets are distributed and who is in charge of settling the estate.
Once the Will is validated (or the lack of a Will is established) and the Personal Representative/Administrator/Executor has settled all of the decedent’s affairs, remaining assets are then paid to beneficiaries named in the Will or the beneficiaries who inherit under state law.
Unfortunately, this distribution typically happens months or even years after the deceased person has passed away. The probate process must be complete before the beneficiaries receive any assets from the estate, and going through the many steps of probate takes time.
You may have heard the term “testate.” Testate refers to a person who has died with a valid Will. When a person dies without a valid Will, the deceased has passed away “intestate.” Whether or not there is a valid Will, the Estate of the deceased person will go through the probate process.
Is Probate Necessary?
In some cases, probate may not be necessary. A brief, free consultation with David Bindrup Law Firm can help you determine whether probate is necessary. David Bindrup Law Firm can then help with the preparation of the documents that are necessary for estate administration.
If you have been designated as a personal representative, there are many fiduciary duties to take care of regarding the estate administration. By relying on the experience and education of David Bindrup Law Firm, you can be sure that that as the Personal Representative or Executor you are complying with all of those duties.
Allow us the privilege of helping you administer your loved one’s estate and easing your burden during this difficult time. Contact David Bindrup Law Firm to schedule a free probate consultation.