Probate & Estate Administration

Tackling Probate And Estate Administration With Skill And Compassion

Estate law is a delicate mix of several legal, family and financial issues. Depending on the estate, it can be a modest matter that goes quickly through an expedited “release from the administration” or a complicated trust that encompasses a long list of assets, bank accounts and businesses.

When administering a person’s estate, the procedures can often be confusing, especially during an emotionally difficult time. It is important to have an attorney you can trust to help you through the process with knowledge and compassion. Henry Hurley LLC has the probate and estate administration experience necessary to help you through this next step.

Addressing Complex Probate And Estate Administration Considerations

Probate is the legal process where a probate court administers the will following the death of an individual (decedent). This happens regardless of whether there is a valid will and can only be avoided by using a trust. The court assigns a personal representative if a will does not designate someone to administer the estate.

The assigned representative must:

• Assemble the decedent’s assets
• Pay bills, including funeral expenses, debts and taxes
• Collect any outstanding debts
• Dispense any assets left over

Our probate administration attorneys help guide executors, trustees, family members and other beneficiaries in fulfilling their responsibilities. We also keep in mind the rights of the involved parties.

Our attorneys have a legal background balanced with an empathetic understanding of what individuals and families are going through during probate and the legal knowledge required to provide competent representation.

What Is Probate?

Probate is a court process that takes place after someone passes away. The person who has passed is referred to as the decedent. During this process, the validity of the decedent’s will is established, the wishes the decedent expressed in their will are carried out, and any outstanding debts the decedent left behind are repaid from their estate. 

When Is Probate Required?

It isn’t always necessary for a decedent’s estate to pass through the probate process. Many people think the requirement depends on whether the person has a will or not, but that isn’t the case. The presence of a will only determines how the process will work. If the person had a will, the process is governed by the wishes expressed in the document. If they didn’t, state law dictates what will happen.

Probate is required if the decedent has assets or property with only their name on the title or if they have rights to an asset or property – for example, a house, car, stock, bond or bank account.

Probate isn’t required when the decedent only holds certain probate-exempt assets. These include revocable trusts; accounts with designated beneficiaries, pay on death or transfer on death clauses; and real estate owned under joint tenancy.

Do You Need An Attorney For Probate?

While it’s not required, having an attorney guide you through probate can make the process easier, faster and error-free. That translates into significant savings in both time and money. Losing a loved one is hard enough, so we strive to take the stress and burden of probate off of grieving families so they can focus their energy on what’s important to them.

Handling Administration Complications For You

We know how to handle complications that may arise in administering the estate. A steady and knowledgeable attorney can often make a complicated process go more smoothly, particularly when the will or trust is contested, or other disputes need resolving.