Probate

Estate Representation

Administering Estates 

Will Contests 

Probate Litigation 

Transferring Title 

What is Probate?

The legal process of administering the estate of a deceased person by resolving all claims against them, and distributing the deceased person's property under a validly executed will or by intestacy. 

The Role of the Probate Court

1. Decides the validity of a deceased's will; 
2. Interprets the instructions of the deceased; 
3. Approves the personal representative; and 
4. Decides the interests of heirs and other parties who may have claims against the estate. 

Duties of the Personal Representative

• Duty to Discover & Protect Assets 
  1. Locate and appraise all the assets of the deceased and create an estimated value of the estate. 
• Duty to Notify Interested Parties
  1. Notify all heirs and beneficiaries of the appointment of a Personal Representative; 
  2. Alert state and federal agencies of the deceased's passing; 
  3. Notify all creditors that can be ascertained by reasonable efforts with actual notice, and provide constructive notice to alert any unknown creditors; 
• Duty to Pay Debts, Obligations & Taxes
  1. Continue to pay the bills and support obligations of the deceased. 
  2. Handling the estate tax and filing deceased's final income tax return. 
• Duty to Distribute Assets & Close the Estate 
  1. Once the court approves the final accounting of the estate, the Personal Representative oversees the distribution of the assets to their intended recipients. 
• Duty of Loyalty 
  1. The Personal Representative has an obligation to act solely in the estate's best interest and remain impartial between beneficiaries.