Probate Litigation

Probate is a legal choice that a person may decide will make the process of administrating the will a less difficult task after their death. Probate is most often considered when the carrying out of a will is predicted to be a complicated matter. According to the website of the Mokaram Law Firm in Texas, an example of this would be if the deceased passed with substantial debts that the estate alone may not afford to pay or if you are entangled in a wrongful death lawsuit about your loved one’s passing. Otherwise, probate is often avoided because of the financial fees that may incur.

Probate law after a person becomes deceased includes a number of processes. This includes:

  • Validating the will of the deceased individual
  • Inventorying the deceased person’s property
  • Appraising the property’s value
  • Paying off debts and taxes
  • Distributing the remaining property to the beneficiaries as the will directs

The will should name an executor that is meant to carry out the last wishes of the deceased and fulfill the duties above. If the will does not name an executer, the probate courts will designate an administrator. This person is responsible for filing the appropriate paperwork in probate court. After this is done, relatives and creditors will be officially notified of the death of the deceased.

The process of finding, securing, and managing the assets of the deceased begin immediately after the death of an individual. This involved process can take a few months to as long as a year. Decisions such as selling the estate to pay debts or managing securities are left completely to the executor of the will. During this process, immediate family members often seek short-term financial support from the courts before probate ends and the inheritance finally passes to the beneficiaries.

Complications can arise when disputes over the trust, probate, estate, inheritance, or beneficiaries occur. In these cases it is best to hire an experienced probate lawyer in your state to quickly and effectively manage the situation.

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