What is Probate Law?
Upon death, whether with a last will and testament, or without one, a condition referred to as intestate, an individual’s belongings may need to be tested and proven as to a final distribution of said property. The process of testing and proving the inventory and final distribution of estate property is referred to as probate. Probate Law is the body of regulations that govern the process of a court governed distribution of estate assets.
Probate may not be necessary, as in the case of property placed in a living trust, certain specific types of property including pension assets and insurance policy final dispensation. Moreover, probate law is the protection in place to ensure the deccedent’s final wishes are executed.
The probate process involves:
- Qualifying the deceased person’s will, if any, as valid and up to date
- Property inventory verified
- Establishing appraised value of all property
- Identifying and closing out all tax liabilities and debts
- Following the will (or state law, when intestate) to distribute remaining property
Ressler Law Firm offers Probate Law Attorney expertise to clients during all the steps of the probate process. Providing a quick and efficient completion of an estate is the purpose, professionalism is the process.
How Long Does the Probate Process Take?
From start to finish, the Probate process is a function of the complexity and clarity of the individual estate, along with the decedent’s wishes. In addressing an intestate case, the regulations of the state probate law may also bring to bear upon the probate timeline. Each step along the process can have its own ebb and flow before becoming finalized.
The following steps are some of the potentially time consuming components:
- Authenticating the final will
- Authorizing the representative or executor
- Acquiring a surety bond for the representative, if necessary
- Determining and contacting creditors
- Assessing property values as of the date of death
- Verifying location of all estate assets
- Final payments for estate debts
- Federal and state tax return preparation and filing
- Distribution of final assets
As evident in this list, there are many components in completing the probate process, which also includes court documentation and appearances. As the process is complex, and can be lengthy Ressler Law Firm Probate Attorneys are expert at providing legal support along the journey. Expediting the flow of probate is one of the major benefits of involving expert Probate Attorneys through the process.
What Do Probate Attorneys Do?
Ressler Law Firm Probate Attorneys are expert in providing legal assistance along the entire process of Probate. In support of personal representatives, executors, debtors, beneficiaries, or any involved party, Probate Attorneys streamline and expedite the process, while ensuring compliance and asset protection. There are several distinct areas of the process which frequently require the more practiced skill set of a Probate Attorney. This includes:
- Assisting with liquidating estate assets
- Securing valuations and appraisals of property
- Asset distribution to designated beneficiaries
- Managing federal and state tax preparation and filing
Ressler Law Firm Probate Attorneys are available to support clients throughout the probate process to achieve the desired final wishes of the decedent, and to meet the obligations of the estate.
When Do I Need a Probate Lawyer?
No matter the stakeholder’s position in the probation process, including personal representatives, executors, beneficiaries and creditors, and through any phase of the process, from initially identifying the last will and testament to final distribution, a Probate Attorney will provide professional expertise and legal compliance, for the best possible resolution, whether the estate is small or large, and with common to highly unusual property. In cases without a will, or, intestate, a Probate Attorney will represent the interests of the client such that a favorable outcome is guaranteed, in view of the decedent’s known wishes and obligations. A Ressler Law Firm Probate Attorney is an important ally for the journey. Contact Ressler Law Firm today.
