Probate - Formal Administration and Summary

Simply having a signed and notarized will is not enough to make it enforceable in the eyes of the law. Since a will does not trigger until after death, the original signer is unable to testify to or dispute its validity, it is for this reason that the probate process exists. This process involves the legal process of proving the validity and legality of a will in court. Successful probate cases allow the will to be enforced with the same authority as a contract or any other signed document (within the bounds of the law of course).

 

Even after the will is proven in court, administration of the will is an involved and complicated process. That purpose of this formal administration is to wrap up the affairs of the deceased. This means fulfilling certain obligations such as debts to creditors and wrapping up any pending lawsuits. Legal claims against the deceased do not end, nor does death mean the end of lawsuits they may have against others. These things carry on and must be addressed as they do have an impact on the assets available to distribute in the will.

 

Our legal team is skilled in handling the nuances of probate and the formal administration of estates. We are fully capable of resolving affairs left behind. Furthermore, we are sensitive to the realities of loss, and we will be sure to provide compassionate counsel in this matter. Just because the law can seem harsh and insensitive does not mean your lawyers have to be.

 

Check out the links below for other areas of practice!