PROBATE
Petitioning for Probate is ordinarily the first step in the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person's property under a Will. The Probate Court examines and determines the legal validity of a person's Will and grants its approval by issuing an Order Admitting the Will for Probate. Only then is the probated Will deemed the recognized legal instrument that may be enforced by the Executor. The Probate Judge normally takes the Oath of the Executor, appoints the Executor/Personal Representative named in the Will (or named in the petition) and issues Letters Testamentary to the Executor, thereby granting to the Executor the legal power to dispose of the assets in the manner specified in the Will. However, through the probate process, a Will may be contested.
Probate is a process that proves the Will of a deceased person is valid, so that their property can be re-titled or transferred to beneficiaries of the Will.
Local laws governing the probate process often depend on the value and complexity of the estate. If the value of the estate is relatively small, the probate process may be minimized or even avoided. In some jurisdictions probate is required regardless of the size of the estate.
ADMINISTRATION
When a person dies leaving a Will appointing an executor, then the decedent’s Will must be “probated”. However, if no Will is left, or if the Will is invalid or incomplete, then administrators must be appointed. They perform a similar role to the executor of a Will but must distribute the estate of the deceased according to the rules laid down by state law.
An administrator acts as the personal representative of the deceased in relation to land and other property.
A YEAR’S SUPPORT
A Year’s Support award is a permanent award of property from a decedent’s estate to the decedent’s surviving spouse, surviving minor children, or both. The “Year” in Year’s Support refers to the amount not the duration of the award. The award is supposed to be an amount sufficient enough to provide for the surviving spousal and/or minor children for one (1) year. If no objection is filed however, the amount awarded can be greater.
HIRING A PROBATE ATTORNEY
A probate lawyer can be hired to advise the beneficiary of an estate on legal and other matters presented to the beneficiary by the Personal Representative during the course of the probate process. These types of attorneys are known as estate litigators, probate litigators, or estate and trust litigators.
The need to hire a probate lawyer may happen if the beneficiary doesn't get along with or know the Personal Representative very well.
At Leggett Law, we specialize in representing Personal Representatives and beneficiaries of an estate who become involved in separate lawsuits related to the decedent's estate or when a beneficiary challenges the validity of the decedent's Last Will and Testament through a will contest.
At Leggett Law, we have helped many people take care of probate and estate administration matters, from the very simple and straightforward to the highly elaborate. When you are going through this often highly emotional process, you need to work with a probate attorney who is insightful, experienced, flexible, and empathetic. We pride ourselves in providing comprehensive legal advice. We work to ensure that you understand your options and the pros and cons of each option.