Probate and Estate Administration

Probate is a court-supervised process for distributing the individually owned assets of a deceased person.  In the narrow sense, the word "probate" derives from Latin, and means the proof of the validity of a Will in court.  In a broader sense, "probate" means the administration of an estate, including certain court filings and publication of notices, collection of assets, payment of debts and taxes and distribution of the net assets to the beneficiaries of the estate.  Assets are distributed to beneficiaries in accordance to the instructions written in the decedent's Will, or under the laws of intestacy which apply when a person dies without a Will.

In the course of estate administration, a separate bank account for estate monies must be opened, a Federal Tax ID number applied for, documents drafted reflecting all of the credits and debits made to that account, plus an inventory of the estate's assets must be prepared by the Personal Representative.  After at least six months have passed, if all estate administrative actions have been completed, it is possible at that time to complete the documents  necessary for the closure of the estate proceedings.

With proper attention to your needs and wishes and advice on your asset positioning prior to your death, your attorney can assist you, as well as your heirs, with the smooth transition of your bequests.

In certain circumstances, estate administration can be complex , take a longer period of time, and can require legal work designed to protect the integrity of the Will and the intentions of the deceased as well as the protection of the personal representative. 

The estate administration process carries a lot of responsibilities. We can help guide you through the process as sensitively and comprehensively as possible, and will try to make it as straightforward and efficient as possible.