Probate is the process of verifying a deceased’s will, and legally transferring assets and property to those named in the will. Although this definition makes the process seem simple, it may be anything but easy depending on certain factors. If a will is created and is proven valid, the process may be slightly more manageable. However, family members can still contest items left to certain people in the will, which can postpone the probate process for months at a time.
Dying without a will means the person died intestate, and the state must then decide what will happen to a person’s property and assets according to their laws. This means that certain people the deceased had in mind to receive assets or property may not actually obtain them. If a loved one has recently passed away, please contact the Canton probate attorney at my firm. I may be able to walk you and your family through the probate process, and make sure it is quickly resolved with as few problems as possible.
When a person creates an estate plan, they usually chose an executor for their will, or a person to administer their estate on their behalf after they die. The will, a certified copy of the death certificate, and formal paperwork must be brought to the probate court by the executor. Once everything is cleared, the executor must be approved by the court. They are then in charge of locating and notifying heirs and beneficiaries of the loved one’s death, as well as appropriate creditors.
Property and assets belonging to the decedent must be gathered and inventoried, and debts and creditors must be paid. Income and estate tax returns must be filed, and taxes are to be paid by the executor on the deceased’s behalf. If there is not enough money to pay debts, creditors, and taxes, assets and property must be sold in order to generate money. If assets and property still remain after everything is paid, heirs and beneficiaries will then obtain what the will states they should receive.
Probate can take as little as six months to two years, depending on the situation. I can represent the executor or administrator in court, and help you file the appropriate paperwork by before the deadlines. If a will needs to be contested, I can represent a person who believes they received an unfair amount of the estate, or was excluded entirely from a will under possible false pretenses. I have the experience to facilitate the probate process, so please contact me today at Elizabeth A. Burick Co. L.P.A., as soon as possible.
