What is Probate Law?
Probate law refers to the legal process that takes care of a person’s estate after they die. This legal proceeding refers to the process of resolving all claims regarding that person’s estate, as well as the final distribution to any heirs. Probate happens whether or not the deceased had a will. The attorneys at The Law Offices of Rios & Parada, P.L.L.C. know it is very important to handle the transfer of a deceased person’s estate as soon as possible. If a will exists, you will want to verify it as soon as possible. In the event that a will doesn’t exist, probate law becomes even more important. It will avoid problems with if and how the estate will be split up. You can avoid all sorts of complications through professional legal guidance from a probate lawyer at our office. The probate process typically includes:
- legally proving that a will is valid
- inventory of the property
- property appraisal
- paying debts and taxes
- distribution of the remaining property as the will or state directs
The Probate Process
The probate process is pretty straight forward, barring any complications. If the deceased has a will, it will name an executor. This person is in charge of validating the will and presenting the estate, including property, debts, and any heirs. They are in charge of finding, securing, and managing the estate during the legal proceedings, which can take anywhere from a few months to a year.
If the deceased does not have a will, the estate goes straight to probate court. A judge will appoint an administrator to act as the estate’s executor. This person is typically a close family member. In both cases, the executor will have the court’s permission to pay the deceased’s taxes and debts during the process until the property is transferred to it’s new owner(s).
Why Do I Need a Probate Lawyer?
Examining a will through probate can deter disgruntled family members from challenging a loved one’s will. With the help of our probate lawyers, you can legally verify your loved one’s wishes and carry them out without interference from anyone else. However, it is important to note that this is not a fail-safe. There are cases where the courts decide to step in. That is when our probate litigation team helps you make sure your loved one’s will remains intact in the event of a legal challenge.
For more information on our legal probate services, contact The Law Offices of Rios & Parada, P.L.L.C., today.