When a family member dies, his or her estate needs to be collected, managed, and distributed. Probate and estate administration involve gathering the assets of the estate, paying the decedent’s debts, and distributing the assets that remain in the estate.
Our probate attorneys handle all the necessary filing requirements, probate of wills, the post-death administration of trusts, and the successful closing out of estate matters – all while making sure any unnecessary delays are avoided.
Shelton Family Law, PLLC understands that estate administration is not just another legal process – it requires specific knowledge along with compassion as our clients are seeking legal assistance while grieving the death of a loved one.
Our goal is to ensure our clients feel fully informed and supported throughout the process and that assets of the estate are transferred smoothly and efficiently. Our priority is always to provide value to our clients at every step of the process.
The following is a basic overview of the steps involved in navigating an estate through the probate/administration process:
Filing the Application to Start the ProcessIn order to begin a probate or an estate administration proceeding, an Application for Probate of a Will or an Application for Administration of an Estate (if there is no will) is filed with the court.
Hearing Date to Appoint Executor/AdministratorThe court sets a hearing to admit the will, if any, to determine the type of probate/administration needed, and to appoint an executor/administrator. If you will be fulfilling one of these roles, you need to attend this hearing to provide the court the testimony needed.
Inventory and AppraisalIn order to establish whether there are enough assets to pay creditors, and to understand the value of the estate so that each beneficiary will receive a fair share of any remaining assets, the executor, representative, or agent will list of all the decedent’s property, a good faith estimate of the value of such property and whether anyone owes money to the decedent. Our firm will provide our clients step-by-step assistance with this process, draft the required legal documents, and ensure they are effectively filed with the court.
Payment of ClaimsOnce it has been established that a creditor claim is valid, debts will be paid from the assets of the estate.
Transfer of Property to HeirsOnce claims against the estate have been settled, the property of the estate can be transferred to the heirs (those named in a Will or determined by State law to be legal heirs). Our firm drafts and files any new deeds, titles or conveyances required to transfer legal ownership of property.
Tax FilingsOne or more tax filings may need to be made, depending upon the amount of the estate. Although our firm does not provide tax advice, we will help you locate an accountant to assist you.