The death of a loved one is a difficult and trying time for anyone. Unfortunately, even after the funeral services have come to an end and things seem to settle down, the work is still not done. Many times there are estate matters that need to be handled.
What is a farm? Simply put, an estate is what remains in a person’s name or possession at the time of their death, including assets and debts. To distribute what is left in an estate to those who are entitled to it, a person’s estate is administered in a process called probate. It is through the probate process that property titled in the decedent’s name is accounted for and transferred.
The purpose of a last will and testament is to give instructions on how a person wants their assets and belongings to be distributed. If a person dies without ever having a will, or their will was shown to be invalid (not legal due to a problem in drafting or execution), then the probate court distributes the estate according to the probate law of that condition. For example, under Maryland state law, if a person dies and has no will or surviving blood relatives, then his or her estate will go to the county board of education. Laws can vary from state to state, and it is no different in the field of probate and probate law. Be sure to contact an estate law attorney in your state for legal advice.
During the probate process, the probate court appoints a person to manage the estate. This person is often referred to as the executor or executor. This person may be named in the decedent’s will to handle estate matters for him or, in the absence of a will, the court may appoint whomever it deems appropriate. It is the responsibility of the executor to gather all information and documents necessary so that the decedent’s assets can be found, used to pay the decedent’s remaining debts, and the remainder of the assets divided among the beneficiaries named in the will, or in the absence of a will, statutory heirs named in the estate’s descent and distribution statute.
Sounds like a lot of work, right? Well, it is. Even small properties that are worth little value require a lot of time, trouble, and expense to complete the probate process. It can be a confusing ordeal, especially in addition to dealing with the grief that comes with losing a loved one. That is why many families choose to seek legal advice from an attorney. An experienced probate administration and probate law attorney can help ease the burden, stress, and anxiety that probate administration can cause. There is no better help in estate matters than the diligent and experienced guidance of a practicing probate attorney.
