Whenever a person dies, his or her estate needs to be collected, managed, and distributed. Estate administration involves gathering the assets of the estate, paying the decedent’s debts, and distributing the assets that remain in the estate. In some cases, an estate may need to be administered in more than one state. Generally, the state in which the decedent resided at the time of death will be the state where the decedent’s estate is probated.

Probate proceedings can be informal, usually involving the filing of some basic paperwork, having the court appoint someone to manage the estate, paying the debts, distributing the assets, and having the court approve the distribution. The court’s role may never require a hearing, but only a review of the papers filed. Or, probate proceedings can be formal, usually required when a will is disputed. A formal proceeding involves more court oversight and usually requires one or more court hearings.

The first task in a probate proceeding is appointing a responsible party to manage the estate. This responsible party is usually known as the “personal representative” or “executor.”  The personal representative or executor may be an individual or a company and there may be more than one personal representative or executor named.

The executor is expected to document all of the decedent’s assets. The executor must also inform the decedent’s creditors that the decedent has died. If the decedent’s probate assets are sufficient to pay the creditors, the executor will pay them from the estate. If the probate assets are insufficient, the executor may need to obtain court approval to determine which creditors should be paid.

If there are any assets left after the creditors have been paid, those assets are distributed according to the will. If there is no will, the decedent is said to have died intestate, in which case the assets are distributed according to State law.

The executor will also file any necessary tax returns. If the estate is owed any money, the executor may need to bring a lawsuit in order to collect it. If the will is contested, or if there is any other dispute over how to distribute the estate assets, the executor may have to “defend” the will in a probate proceeding.

Our Estate Planning Department would welcome the opportunity to help you with your estate administration/probate needs. Please call our office to arrange an appointment with an experienced Estate Planning Attorney.

Services offered:

Probate/Trust Administration

Conservatorship/Guardianship