A will contest can result in a significant delay in the distribution of a loved one's assets, and can also be expensive. The costs of a will contest are paid out of the estate, which may significantly deplete the available funds. If you are concerned that a will may be subject to a will contest, contact an experienced probate and estate administration attorney today.
Important Information About Probate and Estate Administration
The process of winding up the financial affairs of a deceased person who has a will is known ad probate administration. If the person does not have a will, it is referred to as estate administration. From the outside, these processes seem quite similar. They do, however, each have their own specific rules and filing requirements.
The attorneys at the Law Offices of Scott Alan Morrison, P.A. have a great deal of experience in both probate and estate administration. We help our clients resolve outstanding estate issues and distribute assets as quickly and efficiently as possible.
Some basic information about the probate administration process appears below. You probably have questions about the unique situation you are facing. In a free consultation, an attorney at our firm can answer those questions and discuss how our firm can help you deal with the issues before you.
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For more information and a free consultation with the Law Offices of Scott Alan Morrison, P.A., call 301-694-6262 or contact us online.
From offices conveniently located in Frederick and Hagerstown, Maryland, we help clients all over central Maryland. To better serve you, evening, weekend and off-site appointments are available upon request.
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If the probate administration process is not carried out properly, the personal representative (executor) may face the prospect of probate litigation. Our firm takes care to educate our clients who are personal representatives regarding the performance of their duties.
It is possible to avoid probate through the creation of a living trust. The Law Offices of Scott Alan Morrison, P.A. has extensive experience in the creation and use of these legal vehicles and can advise you. Contact us today to learn more about our services.
The Probate Process
Probate is the court process used to determine the validity of a will and oversee the payment of creditors and distribution of estate assets. Even if there is no valid will at the time of death, the estate will still go through the probate procedure. Since probate is regulated by state laws, there are specific procedures proscribed by each state for carrying out the process.
If you are the executor of an estate, contact an experienced probate attorney at Law Offices of Scott Alan Morrison, P.A. in Frederick, Maryland to help you identify and carry out your estate administration duties.
Probating the Estate
Despite the variation in state laws, probating the estate generally includes the following functions:
- Petitioning the court to probate the will
- Sending notice to creditors, beneficiaries and any other interested parties
- Collecting, inventorying and appraising all estate assets
- Collecting any payments, debts and income due to the estate
- Paying any debts owed, and filing and paying local, state and federal taxes
- Distributing any remaining assets to beneficiaries in accordance with the terms of the will
Small Estates
Most states have a fast-track or simplified probate process for smaller estates that meet certain qualifications. Normally, this process doesn't require probating the estate before the probate court, but before an administrator, which can cut down on the time and cost of probate.
Disadvantages of Probate
Time and expense: Probating an estate can be time-consuming, taking anywhere from 6 months to 2 years to complete. Contests to the validity of the will can increase the duration of the process. Probate also can be expensive, with any probate costs and fees coming out of the estate's funds.
Lack of privacy: Probate matters are part of the public record, meaning anyone can find out the size, contents, and beneficiaries of the estate. This lack of privacy can cause tension between family members.
Intestacy
If someone dies without a will or the probate court determines the will of the decedent is invalid, that person is said to have died intestate. Each state has a set of default inheritance rules that apply in the absence of a will or other estate plan. These rules generally distribute property to the surviving spouse and children first, and then parents and other close family members. The only way to prevent the default rules from determining the distribution of assets is to have a valid will or trust in place before death.
An experienced estate administration attorney can help simplify the probate process for you. Contact Law Offices of Scott Alan Morrison, P.A. in Frederick, Maryland for more information today.
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