Probate is the legal process by which a deceased person’s estate is settled and distributed according to their will or the laws of intestacy if they did not have a valid will. The probate process involves verifying the validity of the will, identifying and valuing the deceased person’s assets, paying any outstanding debts and taxes, and distributing the remaining assets to the beneficiaries. The court oversees the probate process and ensures that the deceased person’s wishes are carried out as per the law. The process can be complex and time-consuming, and it’s often advisable to work with an experienced probate Solicitor to ensure that everything is handled correctly and efficiently.
As a law firm, the areas of probate that we cover may vary depending on our specific expertise and experience. However, some of the common areas of probate that a law firm may cover include:
- 1Estate planning: This involves helping clients create a comprehensive estate plan that outlines how their assets will be distributed upon their death.
- 2Probate administration: This involves guiding the executor or administrator of an estate through the probate process, including filing the necessary court documents, paying debts and taxes, and distributing assets to beneficiaries.
- 3Will contests: This involves representing clients who are challenging the validity of a will or who are defending the validity of a will against challenges by others.
- 4Trust administration: This involves helping clients manage and distribute assets held in a trust, including complying with the terms of the trust and ensuring that beneficiaries receive their rightful shares.
- 5Guardianship and conservatorship: This involves representing clients who are seeking guardianship or conservatorship over a minor child or an incapacitated adult.
- 6Estate litigation: This involves representing clients in disputes related to estates, such as disputes over the interpretation of a will or trust, or disputes over the distribution of assets.
It’s important to consult with an experienced solicitor to determine which areas of probate are relevant to your specific situation and to ensure that your rights and interests are protected throughout the probate process.
The process of starting probate typically involves the following steps:
- 1Filing a petition: The first step is to file a petition with the probate court in the county where the deceased person lived. The petition will typically include a request to open probate, a copy of the will (if there is one), and information about the deceased person’s assets, debts, and heirs.
- 2Appointment of an executor: If there is a valid will, the court will appoint the person named in the will as the executor of the estate. If there is no will or the named executor is unable or unwilling to serve, the court will appoint an administrator.
- 3Notice to creditors and heirs: The executor or administrator will need to send notice to all known creditors and heirs of the deceased person, informing them of the probate proceeding and allowing them to claim the estate.
- 4Inventory of assets: The executor or administrator will need to identify and take an inventory of all of the deceased person’s assets, including bank accounts, real estate, personal property, and investments.
- 5Payment of debts and taxes: The executor or administrator will need to pay any outstanding debts and taxes owed by the estate, using assets from the estate to do so.
- 6Distribution of assets: Once all debts and taxes have been paid, the executor or administrator can distribute the remaining assets to the beneficiaries named in the will or according to the laws of intestacy if there is no will.