Probate & Estate Administration
Probate and estate administration are the processes through which estate assets are transferred after death. Assets to be transferred under terms of a will go through probate. Assets transferred outside of a will, such as by operation of law, or those planned for in a trust are handled through an Administration process. Estate administration also refers to the process whereby assets are transferred by rules of the state when there is no will. We can help make the process easier, more efficient, and provide peace of mind during a difficult time.
One of the great common misperceptions about probate is that having a Last Will and Testament will cause avoidance of the probate court at death. Nothing could be further from the truth. When you execute your Will, you are making your advanced registration for Probate at the time of your death. This is because wills do not avoid probate; they anticipate the probate of your assets upon your death.
For a complete discussion of the Decedent Estate Process go to the practice area page entitled Probate Administration.
The other probate process (one that most people overlook) is Guardianship Proceedings.
Guardianships (and its related procedure, conservatorships) are the legal remedy for the situation where the title owner cannot legally sign his/her name because of substantial disability.
Guardianships occur in several contexts: The most commonly known is when death leaves as survivor-beneficiaries minor children under the age of 18. The lesser known context is substantial disability.
For a complete discussion of Guardianships and Conservatorships go to the practice area page entitled Guardianships.
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