Probate
is the process of administering and distributing a person’s belongings after he
or she passes away. If the deceased
person had a will, the probate process involves validating it and then distributing
property as the will provides. Even if
the deceased person left no will or other formal estate plan, his or her assets
may still go through probate.
The
probate process is administered by the personal representative. The personal representative may be designated
by a will or otherwise appointed by the Court.
Personal representatives are responsible for many important tasks
including, but not limited to, (1) marshaling and inventorying the deceased
party’s assets, (2) paying the deceased party’s debts, along with any
applicable claims, taxes, and administrative expenses and (3) making
appropriate distributions required under the will and state law. Acting as personal representative can be time
consuming and complex, and a personal representative may choose to hire an
attorney to provide legal advice and support.
An
important concept to keep in mind is the difference between formal and informal
probate administration. Informal administration
generally is used where a will is uncontested and is generally supervised by the
county’s register in probate. By
contrast, formal administration generally must be used if the will is
contested. A probate judge presides over
formal administration and rules on contested issues. A lawyer must represent the personal
representative if the formal administration route is taken.
If
you have questions about the probate process, or have been named as a personal
representative and are searching for answers on what to do next, it may be time
to schedule a confidential consultation with the team at Bender, Levi, Larson
& Associates S.C. We can work with
you to evaluate your unique situation and provide step-by-step guidance from
start to finish.
Attorney Christopher J. Koppes
Bender, Levi, Larson & Associates, S.C.
(920) 261-7626
www.benderlevilarson.com
