Probate is the legal process of settling the estate of a deceased person, specifically resolving all claims, and distributing the decedent’s property under the valid will. Probate is a service that a Surrogate Court provides to confirm the validity of a deceased person’s will. Once the court has probated the will, everyone can rely on its authenticity. Probate protects the instructions of the deceased, confirms the executor as the personal representative of the estate, protects the interests of family members who may have claims against the estate, and protects the executor against claims and law suits.
If you desire to prepare a will and/or trust, or need help probating an estate, contact Raslan Pla & Company, LLC to schedule a consultation with one of our experienced and knowledgeable probate attorneys. Our probate attorneys are available 24 hours a day, seven days a week to provide you with the legal representation you need.
Probate:
Estate Planning involves the preparation of a person’s assets for their distribution at the time of their death. It can involve many different devices including wills, trusts, powers of attorneys and living wills.
Probate is the system for distributing property at the time of death. The decedent’s will is entered with the court and the process of filing claims and paying them out is followed. The funds will be distributed to the beneficiaries once all claims of the Estate have been paid. If there was no will, the property will be distributed according to the intestate statute determined by the state the Estate is being probated in.
Probate litigation involves any disputes concerning the issues that arise in probate court. These can include challenges to the Will or provisions in it, the appointment of the personal representative, or the compliance of formalities surrounding the creation of the Will.