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Probate and Estate Administration

The Probate & Estate Administration Process

 

Edward Law Firm’s expertise in all tax matters has naturally lead into probate and estate administration. Probate is the marshaling of assets to their rightful beneficiaries under the supervision of the court. The probate and trust expert at Edward Law Firm can guide you through the complicated probate and estate administrative process. Edward Law firm will help you administer a loved one’s estate once probate is complete, whether the estate is simple or complex. 

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What happens to a loved one’s assets after death? They pass on to his or her designated beneficiaries if there is a Will or their statutory distributes (next of kin) if there is no Will. The probate court system, is in charge of validating wills, authorizing estate representatives to act, and managing any objections from the parties. The process of distribution is called probate administration when there exists a valid will or estate administration when there is no will. The complexity of dealing with an estate often requires the help of an estate administration lawyer.

Whether it be: 

File a petition to appoint an executor 

Give notice of probate to beneficiaries under the will who are not distributees.

Pay the Filing Fee based on the value of the estate. 

Obtain Letters Testamentary or Letters of Administration (if no will).

Open an estate bank account.

inventory of all assets in the estate and have them appraised if necessary. 

Gather and sell estate assets.

Collect all debts owed to the estate, and pay any debts that the estate owes. 

Pay estate taxes, if applicable. 

Distribute assets to distributees (if there’s no will) or beneficiaries under the will. 

Have distributees or beneficiaries file releases. 

Gather all receipts and records to submit an accounting. Petition the court to close the estate. 

 

Objections to the Will During Probate Administration

It is possible for someone to object to the deceased’s will.  Disputes may arise over who will serve as the executor, or who will receive certain assets.

 

Note that you can only file an objection if you have legal standing to do so. Legal standing means you would benefit in some way by objecting.

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