Probate & Estate Administration

Estate Administration Lawyer

Probate and estate administration include exacting tasks that enable assets of an estate to be gathered, protected, and distributed to the appropriate people or institutions. Our probate and estate administration lawyers are available to help you through the process, providing the advice and help you require.

At the Hayes & Wilson, PLLC law firm, we offer a free initial consultation and fixed fees for most services, and appointments in our office, your home, or another convenient location. We are ready to help you with estate planning, probate, estate administration, and guardianship matters to provide you peace of mind.

Free Initial Consultation • Contact Us

Probate and Estate Administration - An Overview

Estate administration refers to the process of probating the estate of a decedent, which generally includes collecting, inventorying and appraising assets; paying and collecting debts; filing and paying estate taxes; and distributing any remaining assets to beneficiaries. An attorney experienced in probate and estate administration can help simplify this complicated process. If you need help in the administration of an estate, call an attorney in your area today.

Role of the Executor

An executor is the person named by the creator of the will (the testator) to carry out the terms and provisions of his or her will. In addition to locating documents left by the testator (i.e., wills, trusts, deeds, etc.) and notifying Social Security, pension providers, annuity providers, and other entities of the death, the executor has numerous other legal responsibilities.

Avoiding Probate

Assets disposed of outside the probate process are part of the non-probate estate. Since a probate proceeding is not required, these assets are distributed more quickly to the appropriate beneficiaries. Many people seek out these assets and ownership models in order to save their loved ones from the difficulties associated with going through the probate courts.

Probate and Estate Administration Resource Links

Uniform Probate Code
Maintained by Cornell University Law School, this site identifies the states that have adopted, at least in part, the Uniform Probate Code. Links are also provided to each state's version of the code.

Internal Revenue Service
The IRS web site has information on the federal estate tax, including information on recent reforms to estate tax laws.

Executors
This page is maintained by the H.E.L.P. organization, and provides an overview of the executor's, personal representatives', and trustee's estate administration responsibilities.

Smart Money: Estate Planning
Provides information to consumers on the process of gathering information and documentation for estate planning.

AARP: Estate Planning Guide
Guide provided by AARP with useful information on wills, powers of attorney, estate administration, choosing an executor, and other estate planning resources.

Frequently Asked Questions about Probate and Estate Administration

Q: What is probate?

A: Probate is the court procedure by which a will is proved to be valid or invalid. Creditors of the estate are provided the opportunity to file claims against the estate and receive payment of those claims. After the administration fees, taxes and creditor claims are paid, any remaining assets of the estate are distributed to the beneficiaries.

Q: What is a will contest?

A: A will contest is a legal action that challenges the validity of a will and/or the terms of the will. A will may be invalid if it was the result of forgery, undue influence, inadequate execution, or other issues. A later will may invalidate an earlier version.