Losing a loved one is a sad and stressful time. Those left behind must often figure out how to transfer or inherit property from the person who has died.
Probate is a court proceeding when someone passes away (the “decedent”) to pay the decedent’s debts and transfer the decedent’s property to the heirs or beneficiaries.
The court appoints an executor (if there is a will) or an administrator (if there is no will) to collect the assets, pay the debts and expenses, and then distribute the remainder of the estate to the beneficiaries (those who have the legal right to inherit), all under the supervision of the court. The entire probate normally takes between 9 months to 1 ½ years, but can go on for years if the estate is complex.
Sometimes, family or relatives may be able to transfer property from the decedent without going to court. However, it is not always easy to tell whether you need a probate or qualify to use a different procedure. We provide the knowledge to expertly guide you through the process, no matter if it’s for a formal probate administration or a summary probate procedure, such as small estate affidavit, spousal property petition, or a petition to determine succession to real property. We are sensitive to the strain caused by your recent loss and we strive to make the process as smooth as possible.