Daniel Long

Probate is the legal process by which the belongings of a deceased person are liquidated and dispersed, and it is dealt with in the state's probate court. The process can be complicated, even for small estates, and can often be difficult for mourning relatives to handle.

Although many components of the procedure are common to the majority of states, probate laws vary from one state to another. For smaller or less complex estates, some states allow a more simplified version of the process. Otherwise, the formal process can prove very complex and can drag on for months, or even years, and in these occurances the guidance of a probate lawyer is normally needed.

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After someone dies, file a petition and open a probate case in probate court within 10 days following the death. This is commonly done by a individual who was picked by the testator according to his or her wishes. This person is referred to as the executor or personal representative, and can often be the probate lawyer. The local newspaper will generally publish the notice of probate.

After the petition is filed, a personal representative appointed by the court, will handle the administration of the estate, normally this individual isnamed in the will. Most likely, the surviving spouse or eldest child will be appointed as an administrator by the court, if there is no will. In such cases, according to that particular state's intestacy laws, the court will determine lawful heirs and insist on retaining a probate lawyer.

The executor or administrator will need the services of a probate attorney during the procedure of estate administration. It will be necessary to complete an inventory of all the assets of the estate, including all property, real estate and financial assets, and carry out a valuation of all the assets. Creditors will have a specified time period to file their claims on the estate, and this includes those with unpaid bills or other outstanding claims, upon which the administrator will access such claims and pay them off when approved. In the event a claim is disputed, it will then go to litigation and the probate lawyer will provide advice and representation.

There are other conditions where disputes may arise, and the help of the probate lawyer may be required. A claim may occur in which the executor is not competent enough to carry out his or hers required duties, on grounds in which the will may have been contested, due to the fact that the testator lacked mental capacity or that he or she was unduly influenced. Before the authorized administrator can distribute any remaining assets among the beneficiaries and or heirs, all claims and disputes must be settled.

Probate can be a very stressful time for all persons involved. Although such a process may seem simple, they still have to deal with such matters in a time of emotional distress and grief, and should legal complications arise, can all turn into a nightmare for all of those involved. Seeking the adviceand support of a probate lawyer in these hard emotional times can be invaluable and will assure that the final wishes of your loved one be completely fulfilled with as little difficulty as possible. read on