HELPING YOU DURING A TIME OF LOSS
OUR CONDOLENCES
If you are here to learn about the probate process after the passing of a loved one, we first want to say that we are very sorry for your loss.
We hope that the information you find on this page will simplify any legal and administrative headaches you might otherwise face during such a difficult time.
OVERVIEW OF THE PROBATE PROCESS
Probate is a process through the court system to ensure the legal transfer of assets from the deceased’s name to the names of the deceased’s legal heirs or beneficiaries.
Probate is generally also necessary to:
Prove the Validity of a Will
Appoint Someone to Manage the Estate
Take Inventory & Appraise Estate Property
Pay the deceased’s debts & taxes
Distribute Estate Property as Directed by the will (or by state law if there is no will)
HOW DOES PROBATE BEGIN?
State law designates who is entitled to begin the probate process.
The person with highest priority is the person who is named in the deceased’s last will as the “executor” or “personal representative.”
If there is no will, then the law generally establishes a hierarchy of who is eligible in what order, normally starting with a surviving spouse, then surviving adult children, and so on.
The individual who has priority would start the probate process by having an attorney prepare the legal documentation to initiate probate and by filing the original will with the probate court.
Depending on the circumstances of the estate and the family, sometimes probate can be opened without advance notice to interested parties; other times, advance notice to interested parties is required before probate is officially opened.
The best way to determine exactly what probate process applies to the estate is to meet with Tower Law Group so we can review your particular circumstances and give you the best possible guidance.
SCHEDULE AN APPOINTMENT
Choose from the appointment types below & see how we can help you achieve your goals!
FAQs
CHOOSING THE RIGHT ATTORNEY FOR YOUR PROBATE CASE
1
Do not choose a lawyer who does probate “on the side”.
Too many lawyers only “dabble” in probate or trusts. Do not choose a lawyer who does probate “on the side” – this exposes you to blunders throughout the process, causing problems for you that should have never come up and ultimately delaying the resolution of the probate proceeding.
2
You are not required to hire the attorney who drafted the will!
Just because a particular attorney drafted the will does not mean that attorney must handle the probate process, nor are they necessarily the right person for the job. You need to be comfortable with the attorney and confident that they are the right attorney for you.
WHAT DO I DO NOW?
Choosing your probate lawyer is one of the most important decisions you will make.
If you are ready to get started with the probate process after the passing of a loved one, please contact us and we will help determine your next best steps.
SCHEDULE AN APPOINTMENT
Choose from the appointment types below & see how we can help you achieve your goals!
TRUST ADMINISTRATION
PEACE OF MIND FOR TRUSTEES & BENEFICIARIES
WE ARE HERE FOR YOU
If your loved one created a trust prior to their passing and all of his or her assets are in trust or named the trust properly as the beneficiary, then the good news is that we can begin the estate administration process completely outside of probate court.
FAQs
GIVING THE TRUSTEES PEACE OF MIND
We are here to help you in your role as trustee so that you have the peace of mind you are performing your trustee duties as law the requires and that you are not exposed to undue risk or liability.
We will help you administer the trust as quickly and smoothly as possible.
You would be surprised at how many litigious situations we have seen arise simply from the failure to communicate with beneficiaries. When we are guiding you in your duties as trustee, we will work hard to help minimize the risk of that happening to you.
When we are guiding you in your duties as trustee, we will work hard to help minimize the risk of that happening to you.
SCHEDULE AN APPOINTMENT
Choose from the appointment types below & see how we can help you achieve your goals!