Understanding Estate And Probate Administration
Upon the death of a loved one, it is often frustrating for families to deal with the legal issues involved in settling the decedent’s affairs. Probate and estate administration does not have to be an intimidating and confusing process. The experienced lawyers at Crislip, Philip & Royal, will help you process the details of your probate proceedings.
What Is The Personal Representative’s Role In Settling An Estate?
Probate settles the estate of a deceased individual. This process takes anywhere from four to 12 months. If a person dies with a will, probate serves to certify the validity of a will by admitting it to probate. When a person dies without a will (intestate), state statutes provide for the distribution of the property of the deceased. Whether or not there is a will, probate is the process of settling the affairs of the estate (a deceased individual) before distributing property to the beneficiaries.
In either situation, there are a number of responsibilities for the personal representative, including:
- Conducting an inventory of all the estate property
- Notifying any creditor of the estate
- Paying off any claims/debts of the deceased
- Notifying any heir or beneficiary of the estate
- Distributing the estate property in accordance of the will or statute
- Management of assets of the estate
- Filing gift, inheritance and income taxes for the estate
Possible Roadblocks To A Smooth Probate Process
Complications sometimes arise during estate administration, such as when somebody challenges the validity of the decedent’s will. Other issues involving estate administration include:
- Spousal rights — a surviving spouse can elect not to take under the will or distribution statutes and elect to take under other statutory rights
- Prenuptial agreements
- Will contest
- Undue influence
These may involve litigation and could lengthen the probate process. If that occurs, we will represent you in probate court and seek a solution that protects your rights and preserves the decedent’s final wishes.
Besides estate administration, we also help with estate planning, including conservatorships.
By Your Side Every Step Of The Way
Whether the estate you are administering is relatively simple or complex, Crislip, Philip & Royal, can walk you step-by-step through the probate process. Contact our Memphis office at 901-201-5078 or toll-free 800-335-9613, or send us an email to schedule a consultation.