Probate
Navigating the Probate Landscape with Clarity
Estate planning and probate are often intertwined when seeking legal services. However, it’s important to understand that the probate process is distinct.
When an individual passes away, a court hearing is required to validate their death and appoint an administrator to oversee the management and distribution of their assets. A will alone is not sufficient until it is admitted to probate.
During the hearing, a judge appoints a representative of the estate, known as an executor or administrator, who assumes duties as an officer of the court. The probate process essentially transfers assets from the deceased to a living individual.
In cases where there is no will or estate plan in place—referred to as dying intestate—the probate process can become prolonged and costly. The court will distribute assets according to state law, prioritizing creditor satisfaction before issuing assets to heirs. This can lead to family disputes and uncertainty regarding the deceased’s wishes.