Understanding Probate

The word “probate” can strike fear in many people’s minds because of the complications it can cause during an already difficult time. Probate is the process of administering the deceased’s estate. It is supervised by the court and should be carried out by the person named in the will to oversee the estate. Below, our probate lawyer in Cary NC further explains more.

What is Probate? | Probate Lawyer in Cary NC

When someone dies, the assets the person left behind need to be assessed so that debts can be paid and the remainder can be distributed to his or her heirs. If he or she has a will, it needs to go through the probate process in order to determine if it is valid and to ensure that the debts are paid and the deceased’s wishes are carried out as outlined.

The deceased is referred to as the “decedent” during these proceedings.

Most people name an executor of their estate when they write a will. That person can also be called a personal representative or an administrator. The person named oversees the estate to ensure the proper probate process is followed and to make certain the decedent’s wishes are carried out. If an executor was not named in the will, then the court will appoint someone to oversee the estate.

In order to start the probate process, the executor has to file a petition with the court that submits the will and asks to be appointed the administrator. It should also outline the list of heirs. If any of the heirs object to the naming of the executor, they can do so in court.

Our probate lawyer in Cary NC understands that this process can be quite confusing. That’s why we are here to help in any way we can. Contact us to set up a consultation to talk about your current estate plan. If you don’t have one, consider working with us to create one that is valid. For more information about probate, visit back with our next blog post, soon.

Klish and Eldreth, PLLC | Probate Lawyer in Cary NC

Remember, if you don’t have an estate plan in place or haven’t reviewed yours in several years, now might be the best time to start. Our probate lawyer in Cary NC is here to help you get your estate planning in order and ready should you pass in an untimely manner or become incapacitated at some point. It’s better to be safe than sorry when it comes to an estate plan. Contact our office today to get started estate planning.

As always, feel free to contact us at our office to schedule a consultation with if you are looking for a lawyer to represent you in other legal matters. We are here to assist you with small business needs, trademarking, copyrighting and  DWI issues.

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