After someone’s death, probate is a key function in the process of dispersing their estate. When you need help administering an estate, our probate attorney at Hedberg & Boulton, P.C., can take the steps necessary to ensure you get through the process without overlooking any important details.
Probate is a legal process that follows a loved one’s passing and allows the preparation and administration of the decedent’s estate according to their instructions. This means resolving any claims, distributing assets and locating beneficiaries or heirs. An executor or administrator is appointed in probate court to administer an estate.
In the will, the testator often names someone they trust to administer their estate under the role of executor. When the decedent dies without a will, they have not named anyone who can administer their estate, so a judge must name an administrator during probate court. At Hedberg & Boulton, P.C., we have helped many clients in both situations who needed support during the probate process.
Typically, a testator uses their will to name a close family member as their executor, such as a spouse, child or sibling who is 18 years of age or older and of sound mind. Without a will, a probate court often appoints a spouse or next of kin as an administrator after considering their qualifications. If you are seeking the role of administrator, our probate attorneys can help you prepare for the responsibility.
When a testator passes away, they leave behind their last wishes and often many loose ends. It’s then up to the executor or administrator to see that the testator’s estate is settled. This typically means paying debts and taxes, notifying interested parties of the death, protecting assets for distribution and keeping records of transactions and expenses.
A probate court does not know a decedent’s last wishes if there is no will and an administrator is named to take on the estate administration process. One of the hardest challenges of an administrator is seeing that an estate is settled without any guidance from the decedent. We help many administrators settle an estate when a decedent did not leave a will.
An executor or administrator must fulfill their duties with the testator’s best interest in mind to avoid any complications. You do not, however, have to administer an estate alone. Our probate lawyers can stand by you to help ensure that an estate is administered without difficulties.