Probate Litigation
Attorney
in Scottlade
estate of a loved one.
What is Probate?
After a loved-one passes, the heirs must go through the court-supervised process of administering the decedent’s estate and transferring the decedent’s assets to the heirs. Sometimes family members agree on the interpretation of a loved-ones will and other times family members dispute claims.
Kierman Law is a trusted adviser. We provide legal opinions on the interpretation of a will, advise on all aspects of the probate process, help decipher financial exploitation issues, prepare all court-required probate filings and papers, and can assist in will challenges.
Probate a Will
Probating a will is the legal process of validating the will and ensuring the deceased’s assets are distributed according to their wishes.
Contest a Will or Trust
Contesting a will or trust involves challenging its validity due to concerns such as undue influence, mistakes, or lack of mental capacity
Ancillary Probate
Ancillary administration is necessary when there is a death of an individual in one state, and the decendent is in another.
Informal Probate
Informal probate is the simplest and most cost-effective probate.
Estate Administration
Arizona allows those without proper estate planning to avoid probate if the estate is small.
What is Probate?
Probate is the legal process of administering a deceased person’s estate. It involves identifying and collecting the assets of the deceased person, paying any debts and taxes, and distributing the remaining assets to the heirs or beneficiaries. The purpose of probate is to ensure that the deceased person’s property is distributed according to their wishes, as stated in a will or under the laws of intestacy.
The probate process is typically overseen by a court, and a personal representative or executor is appointed to manage the deceased person’s estate. This person is responsible for carrying out the necessary legal steps, including filing the necessary paperwork, providing notice to creditors and beneficiaries, and ensuring that all debts and taxes are paid.
In some cases, probate can be a long and complicated process, but it is necessary to ensure that the deceased person’s property is distributed in accordance with their wishes and the law.
Who needs to open probate?
Probate is usually required when a person has passed away and there is property that needs to be distributed to their heirs or beneficiaries. In most cases, probate is necessary when the deceased person owned assets in their own name, without a valid beneficiary designation or a transfer-on-death designation.
If the deceased person had a will, the probate process is usually initiated by the named executor or personal representative. If there is no will, the court will appoint an administrator to manage the estate.
In some cases, the probate process may not be necessary, for example, if the deceased person had a small estate with few assets, or if all assets were held jointly with a surviving spouse or had a valid transfer-on-death designation.
It’s important to note that the specific requirements for probate vary by jurisdiction, so it’s best to consult with an attorney to determine if probate is necessary in your particular case.
Why is probate required?
Probate is required to ensure that the estate of a deceased person is properly administered, and to provide a legal process for distributing the deceased person’s assets and paying any outstanding debts and taxes.
Without probate, it can be difficult to determine who has the legal authority to act on behalf of the estate and to distribute assets to the beneficiaries. Probate provides a court-supervised process for resolving any disputes that may arise and for ensuring that the deceased person’s assets are distributed in accordance with their will or state law.
Probate also provides a mechanism for paying any outstanding debts and taxes, including funeral expenses, administrative expenses, and debts owed to creditors or the government. This helps to ensure that the estate is properly managed and that the beneficiaries receive their full inheritance without any undue delays or complications.
Additionally, probate provides a degree of transparency and accountability, as all transactions related to the estate are recorded and subject to review by the court. This helps to ensure that the personal representative or executor is acting in good faith and in accordance with the law, and protects the interests of the beneficiaries and other stakeholders.
In summary, probate is required to provide a legal and orderly process for administering the estate of a deceased person and for ensuring that their assets are distributed in accordance with their will or state law, debts and taxes are paid, and disputes are resolved.
Get in Touch
Let us know how we can help you plan for the future.