Probate

Probate

Probate is the judicial process that validates a will and recognizes or appoints a personal representative to administer the estate. The personal representative manages debts and distributes assets to the intended heirs and beneficiaries. Anyone who loses a loved one understands that the grieving process can go for a long time. However, you must also cope with the practical repercussions of your loss, which includes addressing the person personal and real possessions, during this period of grieving. While the process of probate can be time-consuming and costly, we can help minimize the stress and manage the process for you.

A Petition to Probate in Solemn Form is usually the first step in the probate process.  The Petition to Probate in Solemn Form is a representational mechanism used by the court to determine if the will being probated is legitimate. It also examines whether the decedent executed it correctly and in accordance with the terms of the grantor. This must be shown in order to indicate that the decedent’s mental capacities were not harmed in any way.

The individual appointed as executor is granted the Letters Testamentary, a document issued by a probate court that gives an executor the right to act in a fiduciary manner on behalf of the estate, once the petition to probate is approved. The executor is declared the legal representative of the decedent’s estate at this time. After the executor has been appointed as the estate’s legal representative, the process of administering the estate begins. This procedure comprises gathering and managing the estate’s assets, completing the relevant tax reports, paying off and resolving claims made against the estate by creditors and others, and eventually distributing the estate’s remaining assigned assets to the beneficiaries.