Navigating Probate with Expertise

Probate court plays a crucial role in ensuring the orderly distribution of a deceased person’s assets and liabilities. It’s a specialized legal arena where the affairs of the deceased are settled, and their wishes, as outlined in their will, are honored. Understanding the probate process is essential for anyone involved in estate planning or dealing with the aftermath of a loved one’s passing.

What is Probate Court?

Probate court is a specialized judicial body tasked with handling the estate of a deceased individual. Its primary functions include validating the authenticity of the will, settling outstanding debts and taxes, and distributing assets to the rightful heirs or beneficiaries. The probate judge oversees this process to ensure compliance with the law and the deceased’s wishes.

The Probate Process Explained

• 1. Will Validation: The first step in probate is to verify the authenticity of the deceased’s will. This involves presenting the will to the probate court and proving its validity. If the deceased died intestate (without a will), the court will follow state laws regarding intestate succession.
• 2. Executor Appointment: The individual named in the will to administer the estate, known as the executor or personal representative, is appointed by the court. The executor is responsible for managing the deceased’s affairs, paying off debts and taxes, and distributing assets according to the will or state laws.
• 3. Debt Settlement: The executor must identify and notify creditors of the deceased’s passing. Debts and taxes owed by the estate are settled using estate funds before distributing assets to beneficiaries.
• 4. Asset Distribution: Once debts are settled, the remaining assets are distributed to beneficiaries according to the terms of the will. If there is no will, assets are distributed based on state laws of intestate succession.
• 5. Final Accounting: The executor provides a final account of the estate’s assets, debts, and distributions to the probate court for approval. Once the court approves the accounting, the probate process is complete, and the estate can be closed.

Role of the Executor

The executor plays a pivotal role in the probate process, serving as the personal representative of the deceased. Their duties include:

• Gathering and inventorying assets
• Notifying creditors and paying debts
• Filing tax returns on behalf of the deceased
• Distributing assets to beneficiaries
• Providing an account of their actions to the probate court

The executor has a fiduciary duty to act in the best interests of the estate and its beneficiaries. They must follow the instructions outlined in the will and adhere to state probate laws.

Lawvex Probate Pathway

Probate court serves as a vital mechanism for resolving the affairs of the deceased and ensuring the orderly transfer of assets to beneficiaries. While the probate process can seem daunting, having an expert probate attorney is a must to navigate the complexities, ensure that the deceased’s wishes are carried out, and you are protected from liability from making a mistake. 

At Lawvex, we are trust and estate attorneys and we do a LOT of probate. In 2024, we are maintaining a caseload of over 100 probates and growing. We do so much probate that we have our own proprietary process for it that we call the “Probate Pathway”. 

“Probate Pathway” is Lawvex’ unique process for probate cases. 

With our Probate Pathway, we take care of as much as possible so you don’t have to. When we need your help, you will have clarity about exactly what you need to do, when you need to do it and how to take care of the next step. We also bring our relationships with best-in-class vendors for things like probate bonding, estate bank accounts, real estate professionals, probate loans, and heir search firms so that you don’t have to go looking for experts in probate – we already have them, and we have streamlined processes set up in advance with each of them so that your probate moves faster – and ultimately, you get your inheritance faster. 

If you’re facing probate proceedings, click HERE to set up a consultation with our Client Coordinator to learn whether the Probate Pathway is a fit for you.