Not everyone leaves a will when he or she dies. That is why you need to speak to an attorney when this occurs. An attorney can assist you through the probate process and lessen the chance for disputes. When you need specific knowledge and guidance in this area, you need to rely on the services of a probate specialist.
For example, a probate attorney in Fort Myers, FL can assist you with filing a will, if one exists, or help you file the necessary documentation if you don’t yet have one. Therefore, an executor works with an attorney if there is a will, or a court-appointed individual requests legal services if no will exists.
The Probate Process
If an executor works with a probate attorney, the validity of the will must first be shown before a list of the assets and debts is presented. Afterwards, creditors and relatives are notified of the death. Executors are named to locate and manage assets during the probate process—a process that takes as long as a year. When there is no will, an administrator is chosen by the court to administer the estate.
Getting Rid of Any Debt
It helps any executor to seek help from a probate attorney, as decisions must be made about the distribution of assets and the payments of debts. For instance, some of the property in an estate may be sold in order to pay for certain expenses.
Not all the property from a deceased’s estate needs to go through probate. For instance, a property that passes outside of a will through a living trust is not subject to probate. If you find yourself involved in the process, contact a law firm online, such as Daniel J. Endrizal, III PA, to get a better idea about how to proceed. By taking this step, you can obtain the support you need to make a fair and equitable distribution.