When someone passes away, their state is distributed among the successors of the deceased. In case the estate of the deceased was managed by a trust, the case doesn’t go to the court. The successor trustee administers the distribution of the estate. The more complex the state is the more time it takes to distribute. It can be pretty arduous if you try to deal with it on your own.
A probate lawyer is a state-licensed attorney who has proper legal education and experience in the field. He or she can advise you very well. There are different things to take into consideration. For example it has to be determined whether the deceased died testate. It means if he or she had a valid will as well as testament. Or the deceased died intestate. It means if the deceased died without a valid last will and testament. Therefore a probate lawyer should know all these technicalities and how to deal with them. Only then he or she can handle your case.
You need an expert lawyer because there are lots of complex steps involved in the process. You will have to file a petition with the proper court. If no will exists, notices will be served to statutory heirs. If there exists a will, notices will be served to the heirs. There will be petition requesting the appointment of an Executor if the deceased left a will or an administrator for the estate. There will be an inventory and appraisal of estate assets prepared by the Executor or Administrator. If the deceased had to pay debts, they will be paid to the rightful creditors. Payment of estate taxes will be supervised if they are applicable as per law. In the end, final distribution of assets will be done and heirs get their share.
Everything goes smooth. You might be thinking that you can take care of all the above mentioned steps single-handedly. But all easy looking things are not always smooth-sailing. The problem occurs when someone objects the will. It is often termed as the will contest. It is a common procedure during probate proceedings. It can cause serious delays in the process and the cost of litigation is very high as well. So you definitely need support of well-trained attorneys.
Basalt Legal Lawyers can help you make things easier for you. They will obtain date of death values, prepare and file the documents that are required by the probate court. The attorneys are responsible for doing these things in a timely manner. They will help you collect life insurance proceeds. They will provide you expert advice on the final bills of the deceased as well as outstanding debts if there are any. They will address income tax issues and settle disputes among the beneficiaries and personal representatives. They will also assist with the sale of estate property. They will also be responsible for distributing the remaining assets after paying off the bills and taxes.