Probate Procedure- Ensuring the Proper Distribution of Wealth

The role of probate lawyers in an estate is a very important one. They are the ones who will represent the interests of their clients, acting as a liaison between the decedent of will and their heirs. The primary duty of a probate lawyer under theĀ  Probate Code is to administer the affairs of estates must comply with state and local laws. This is to ensure that the process of distribution of wealth is proper and in accordance with state probate law. In short, the lawyer helps the heirs to settle all probate matters.

Role of Probate Lawyers

The main role of a probate attorney under the California Probate Code is to help administer the estate. There are many instances where the estate has not been settled properly and probate has been required. Some examples are when the client has died intestate (without a will), when a last will and testament were not drafted or when there is no valid insurance policy to cover the final expenses of estate planning. When probate is required, the estate must be distributed according to state and local laws. Some of the duties of a probate attorney are;

Listing any assets owned by the decedent prior to death is the first duty of any probate attorney. This includes bank accounts, stocks, automobiles, shares, brokerage accounts, pensions, annuities, tax returns, gifts, inheritances, and privately owned residential and commercial properties. If the estate has been settled before death, the lawyer may also request a copy of public records and obtain other information relevant to estate settlement. The lawyer will then sit with the representative of the decedent’s estate to determine if there are any valid reasons to dispute the decedent’s right to be treated as the legal representative of the estate.

Once the lawyer has obtained all the requisite information and is able to determine if probate is necessary, he/she should hire an attorney who will represent the decedent. This is the person whom the client will work closely with throughout the process, until the final settlement. The fee that the probate lawyer charges will depend on the complexity of the case. It may start from a low fee to cover costs and other miscellaneous fees. But in most cases, the entire cost of probate settlement will be borne by the attorney.

Some states have already exempted probate lawyers from some duties to their clients. In such states, they can participate in the settlement discussions and legal aspects of estate planning. However, they cannot participate in the process itself. Other states do not have such restrictions and probate lawyers are allowed to take part in the administration of wills if asked to do so by the client.

Another thing to consider is the experience of the legal services company, said a lawyer in Alpharetta, GA expert in wills and trusts. You should opt for a company that has a track record and a long history in providing quality legal services. It is better to go with established law firms as they are more reliable and experienced. If you need to find quick solutions, you can always seek the advice of experienced probate lawyers and make use of their services to deal with your estate matters.

Probate- Recording and Approval of a Person’s Last Will and Testament

Probate of Will is a legal term meaning the official recording of a person’s last will and testament. Probate usually refers to a last will and testament which are prepared by an attorney for the deceased person’s estate. Probate of Will refers to the recording of the testament or last will and testament of the decedent. The term ‘probate’ can also mean that the state has issued a probate court order.

Probate means the recording of a person’s last will and testament duly acknowledged and recorded in the Probate Court of the county where the decedent resided. Probate of Will can also be referred as’appointing’ or’appointing executors’. Probate court is a court of general jurisdiction whose jurisdiction is limited to cases within its jurisdiction. Therefore, Probate of Will is the court of law where the process of election of will and execution takes place. A probate court is the place where probate of Will proceedings are held. The procedure of Probate of Will varies from state to state.

In the case of a Will there are certain specific instructions provided for its preparation and recording, which have been set forth in the previous paragraphs. Before Probate Court, the attorneys for the parties are required to submit certain matters as evidence to prove that the decedent did not make any express wishes as regards the disposition of his/her property or that any instructions as to the disposition thereof have been neglected by the decedent. Among these matters submitted to the Probate Court are copies of any letters, trust deeds, mortgages, deeds of trust or any records of taxes paid by the decedent. In some states, it is also necessary to submit copies of IRS returns or any other financial statements addressed to the trustee of an estate for probate of Will.

After preparing and submitting the requisite documents, the attorneys for both parties to present their cases and the judge or the court clerk read the recorded order duly acknowledged by both the attorneys. Then the clerk, while reading the order, will announce to the jury who are called there by the judge, the names of the witnesses that will be called to testify regarding the subject of the Will. These witnesses are called ‘affiliates’. They are either sworn or affirm; or may be either the actual testators or their agents. The witnesses are then asked to give their testimony regarding the facts that are set down in the recorded Will. After the entire testimony of these witnesses has been given, the court will announce the verdict and delivery of the probate court order granting the deceased’s personage and powers to the next named in the Will if there are no beneficiaries.

Thereafter, the court will deliver the probated estate to the appointed administrator of Probate, who is either the executrix or administrator. According to www.georgiaprobateattorneys.net, If there are no appointees, the next step is to determine whether the Will has been properly executed in conformity with the law of probate. Thereafter, the court will again enter its judgment as regards the fulfillment of probate laws in view of the recording of probate instrument and the delivery of probate instruments to the next named in the Will. This process of delivery of probate instruments and judicial proceedings will follow the manner prescribed by law.

A probate of Will that is properly executed and recorded under the provisions of Atlanta, Georgia probate law and in compliance with the terms and provisions of Probate Code Sections could result in the assets of the decedent being distributed as specified in the Will if there are no beneficiaries. In other words, the probated estate shall be distributed as provided in the Will if there are no legitimate beneficiaries and such distribution is in accordance with the terms of New Jersey probate law.

However, the probate court in New Jersey may order distribution of an asset to a known beneficiary if it is established that the decedent was not actually dead when the Will was executed. If distribution is required under any provision of Probate Code, the beneficiaries will be identified as stated in the document and the beneficiaries shall be paid the amount specified in the Will without their action having to be under the discretionary jurisdiction of the attorney general. No part of the Will should be contingent upon the wishes of any beneficiary.