When someone you care about has passed away, you may need to go through the probate process to facilitate the transfer of the assets of the deceased person, or decedent. The probate process involves going to court and can be a complicated process, especially during a time of grief.
You do not have to go through this process alone. German Law will represent executors who are in charge of overseeing the probate process, as well as heirs or beneficiaries who stand to inherit, those who want to contest a will and other interested parties involved in this process.
Whatever your situation, our firm will make the probate process as easy as possible for you. To find out more about the personalized help that we can offer you with the probate process, give us a call. We’ll give you advice specific to your situation as well as answers to questions you have about the probate process including:
- What is involved in the probate process?
- Who should have a lawyer during the probate process?
- How can a probate lawyer help you with the probate process in Minnesota or South Dakota?
What is Involved in the Probate Process?
The probate process takes place in court and is the official process by which a person’s worldly possessions are transferred following a death. Unless alternative plans have been made for how property is to be transferred after a death, almost all property will be transferred through the probate process. Property could be transferred in accordance with the terms of a last will and testament or, if there is no valid will, intestacy law will apply to determine who should inherit the possessions that a deceased person left behind.
An executor of an estate is usually responsible for facilitating the probate process. An executor of an estate is named in the last will and testament but the court must actually appoint the chosen person as executor. If there is no executor, then a personal administrator or estate administrator will be responsible for facilitating the probate process.
The executor or estate administrator must file court paperwork, take care of tax obligations resulting from the death, provide official notice to interested parties including potential heirs or beneficiaries, and otherwise go through all of the technical requirements of the probate process. The estate administrator or executor must also manage the assets which are part of the probate estate until they are transferred to new owners, and must facilitate the transfer process.
During the probate process, creditors have a chance to make claims against the estate, and the executor or administrator can try to collect debts owed to the estate. Those who wish to contest the will are given the opportunity to do so. Once a will is found to be valid or a decision is made on who should inherit under intestacy law, steps must be taken to officially transfer ownership through changing titles and deeds.
Who Should Have a Lawyer During the Probate Process?
An executor of an estate should definitely have a lawyer during the probate process because the executor of an estate has a fiduciary duty, which is the highest duty owed under the law. The executor must not act to enrich himself or be lead astray by his own best interests; he must honor the wishes of the deceased and ensure that assets are protected for heirs or beneficiaries.
Executors have to take care of technical tasks like filing tax returns and submitting court paperwork, and this process can be a complicated one with no room for mistakes. German Law will help to ensure that executors do everything that is required and do everything correctly so the probate process can move forward in a timely and efficient manner.
Heirs or beneficiaries should also have an experienced attorney representing them because while they do not have as many legal responsibilities as the executor of an estate, it is their inheritance which is actually at stake during the probate process.
How can a Probate Lawyer Help with the Probate Process In Minnesota or South Dakota
Don’t let the probate process overwhelm you during a stressful, grief-filled time after the death of someone you care about. Turn to the compassionate and knowledgeable legal professionals at the German Law, who can help you throughout the probate process. We’ll take care of the technical details to make sure your inheritance is protected, your duties are fulfilled, and the wishes of the deceased are respected. Give us a call today to find out more about how we can help.
