The Legal Process
When a loved one passes, there are inevitable legal and financial consequences regarding their estate. The Probate of a Last Will and Testament is 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. Unless otherwise provided by statute, a Will must be admitted to Probate before a court will allow the distribution of a decedent's property to the heirs according to its terms.
The Probate court decides the legal validity of the Last Will and Testament. The court officially appoints the Personal Representative (executor) generally named in the Will, as having legal power to dispose of the testator's assets in the manner specified in the Will. The Personal Representative acts as fiduciary and is charged with performing a multitude of tasks during the administration of the estate.
The role of the Probate Attorney is to make sure the process runs smoothly and efficiently. Obviously there are times when the Probate process becomes complex. The Probate Attorney will help guide the PR through those difficulties.