Probate

Probate is a court-supervised process, the purpose of which is to resolve the transfer of an individual’s property at the time of his or her death. Typically, a person spells out his or her intentions in a will. In most cases, an executor has been named beforehand to handle the management of the decedent’s affairs. If the decedent did not have a will or no executor was named in the will, the court will then appoint an administrator to settle the estate.

At Law & Stein, we understand that this can be a difficult and stressful time for all involved in the probate process. Our team of experienced attorneys will work diligently to make certain that your case is properly handled in order to expedite the process.

The probate process involves four basic steps:

• Filing of the petition with the probate court, and then appointing an executor or an administrator if there is no will
• Written notice is given to all the creditors of the estate and an inventory is taken of all the probate property
• All of the estate and funeral expenses, debts and taxes are paid from the estate
• Legal title in property is transferred according to the will or state intestate succession laws

All of our attorneys have expertise in both state and federal laws and can provide our clients with legal advice and services throughout every step of probate.

In addition, we can discuss strategies to help you avoid probate by establishing a revocable living trust, for example.