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After a person dies, it is often, but not always, necessary to have an administration of his or her estate to pay all bills and distribute the property to the beneficiaries (heirs). This procedure is called probate.
There are various probate procedures available, depending upon the size and nature of the estate. We will be happy to meet with you if you have lost a family member to determine the most cost effective form of probate applicable to your case.
We have seen cases in which the heirs thought they could just divide up the property without going through probate, only to find years later that there were complications or title defects, especially where real estate was involved. We would like to help you avoid that.
What happens during probate?
Once the estate is filled, all interested parties are given notice. Creditors have three months from the time they are notified in order to file claims. After this time, the estate can usually be closed and property distributed to the heirs. It is also during this claim period that any property that needs to be sold can be sold. The person who supervises all of this is called the personal representative. The attorney assists the personal representative in carrying out these duties.
If there are no unpaid debts, there is a shorter procedure called Summary Administration, which can be used.
We know that a period after the death of a family member is difficult, and we are sensitive to that. When we handle the probate of an estate we try to ease the burden as much as we can.