The term “probate” might be one that you don’t understand. It can strike fear in the mind of many people because they associate it with a long process that can be overwhelming and stressful. It’s also because of the complications probate can cause during an already difficult time. Our wills lawyer in Cary NC is here to help you understand probate.
Probate is the process of administering the deceased’s estate. It is supervised by the court and carried out by the person named in the will to oversee the estate.
When someone dies, the assets the person left behind need to be assessed so that debts can be paid and the remainder can be distributed to his or her heirs. If the deceased has a will, it should go through the probate process in order to determine if it is valid, to ensure that any debts are paid and that the deceased’s wishes are carried out as outlined.
- The deceased is referred to as the decedent during these proceedings.
- Most people name an executor of their estate when they write a will. That person can also be called a personal representative or an administrator.
- The person named oversees the estate to ensure the proper probate process is followed and to make certain the decedent’s wishes are carried out.
- If an executor was not named in the will, the court may appoint someone to oversee the estate.
- In order to start the probate process, the executor should file a petition with the court that submits the will and asks to be appointed the administrator.
- It should also outline the list of heirs. If any of the heirs object to the naming of the executor, they can do so in court.
To learn more, check back with our next blog post. We will have additional information there. Also, feel free to contact our wills lawyer in Cary to learn more about the probate process.
Eldreth Law Firm PC | Wills Lawyer in Cary
If you don’t have an estate plan in place or haven’t reviewed yours in several years, now might be the best time to start. Our wills lawyer in Cary is here to help you get your estate planning in order and ready should you pass in an untimely manner or become incapacitated at some point. It’s better to be safe than sorry when it comes to an estate plan. Contact our office.
As always, feel free to contact us at our office to schedule a consultation with if you are looking for a lawyer to represent you in other legal matters. We are here to assist you with small business needs, trademarking, copyrighting and other legal issues.
