Executor of an Estate in Probate... but Don't Know Where to Start?

Take the Problems Out of Probate Administration

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When a loved one passes away, you may have to go through the Probate process, depending on whether your loved one had an estate plan and, if so, how the estate plan was drafted. One of the last things you want to do is to worry about Probate and the fees associated with Probate. If the deceased person named you as an executor/executrix, you must deal with Probate. An experienced probate attorney such as Roy W. Litherland can help minimize the contact you have with the court and will explain the often complicated process of Probate.

What is Probate and Why Must I Go Through This Process?

Probate is the legal process wherein the deceased loved one’s property and assets are distributed. Probate also requires that any debts and taxes of the deceased are paid. Probate may be held with a valid Will — testate, or without a Will — intestate. If a Will exists, the court will determine if the Will is valid and officially appoint the person named as the executor or executrix. The court then advises the executor/executrix to pay the debts and taxes owed and to disburse the remaining assets as directed by the Will.

If your deceased loved one did not have a Will, the court will appoint an administrator. The administrator completes an inventory of your loved one’s assets and liabilities, and then pays the debts and taxes that are held against the estate. Once everything has been paid, the administrator distributes the property according to state statute.

How Can I Avoid Going Through Probate?

If property is jointly owned — via joint tenancy — the property does not have to go through Probate. This can be tricky because there are two types of joint ownership: joint tenancy and tenants in common. If you have joint tenancy, you and your spouse own the property together. If you own property as tenants in common, you own the property together, but you can sell, give away, or otherwise dispose of your interest in the property while you are alive or via a Will or Trust. With joint tenancy, you cannot do this without the permission of your spouse. Property held in joint tenancy passes directly to the spouse upon the death of his or her loved one/joint tenant.

You may also avoid Probate if you have a Living Trust. A Living Trust is administered outside of the Probate Court, so any property included in the Trust goes directly to the beneficiaries.

An experienced Wills, Trusts, and Estates attorney such as Roy W. Litherland can help you determine how you own property and whether it should go through Probate. Your attorney will file the appropriate petition to start the Probate process if it is determined that Probate is required.

How to Learn More About Probate

When you download our FREE report, How to Take the “Problem” Out of Probate, you’ll learn:

  • How to avoid Probate with proper estate planning
  • What property is subject to probate
  • What to do about taxes, insurance policies, and pensions
  • And more

 

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