Probate
Administering your estate according to your wishes.
Administering and Settling Your Estate
In order for your will to be properly executed, and your estate administered, upon your death, it must be presented to the court. It is the court that ensures your actual wishes are carried out according to your last will, or that intestacy succession laws are applied in the event you do not have a valid will. The presentation of your estate to the court for administration is called probate. Probate is the process of administering and settling your estate via the court. Your will only takes effect if it is probated. But, whether you died with a valid will or no will, your estate must be probated to distribute any assets and settle any debts you may have upon your death. This means your loved ones cannot claim ownership of your property unless your estate is probated. Simply writing in your will that you leave your house to your daughter does not mean your daughter automatically gets your house upon your death. Your daughter can only claim ownership of your house once your will is probated by a probate judge. This means your house remains in your estate and cannot be claimed or sold by your daughter until the probate court authorizes the transfer of ownership to your daughter. Probate proceedings are public records. Thus, your will becomes public record once it is presented to the probate court upon your death.
Valid Will: Testacy Probate Administration
If you died with a valid will, the court will follow the provisions of your will to administer and settle your estate. Your will is considered valid if it complies with certain basic formalities of your state statutes on wills. Upon your death, your designated executor/personal representative will submit your original last will and testament (cannot be a photocopy) to the probate court for review and administration. Once the court is satisfied that your last will is valid, your personal representative will be allowed to start executing your last wishes according to the provisions you have listed in your will. In this case, your daughter will get the house you left for her in your last will.
We will execute your final instructions according to your last wishes.
Drafting a clear and valid will today allows for a cost efficient and timely transfer of your assets to your loved ones, upon your passing.
​
Our goal is to ensure that your wishes are carried out according to your will.
​
Let us draft your will and/or handle your estate administration to ensure your loved ones are taken care of according to your final wishes.
No Valid Will: Intestacy Succession Law Administration
If you died without a will, the court will apply the intestacy succession laws of your state to distribute your assets and settle your debts. Also, if you died with a will but it was considered to be invalid because it did not comply with the basic formalities of your state law, the court will disregard that will, as if it never existed, and apply the intestacy succession laws of the state in which you were domiciled (lived) and had properties. The court will also apply the intestacy succession laws to the distribution of a property that was not covered by your will.
​
Probate Procedures
Probate procedures can be short or lengthy, depending on the clarity of your drafted will and whether it followed the will drafting formalities of your state. The ultimate goal with probate is to avoid a lengthly and expensive probate procedure. You do not want your will to be contested and tied up in probate court for generations to come. Hence, it is important you work with an estate planning attorney to draft a clear and valid will that would save your loved ones from facing costly legal fees and delays in probate court.