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.

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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, contact our firm today to schedule a consultation with a probate attorney.

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 the will. In addition to locating important documents 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. Because 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 to save their loved ones from the difficulties associated with going through probate.

Probate and Estate Administration Resource Links

Uniform Probate Code Locator
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.

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.

The Probate Process
This American Bar Association resource provides general information on the probate process, including information on the costs, how long the process takes and what types of estates pass through probate.

Wills and Estates: The Probate Process
This American Bar Association resource provides general information on the probate process.

SmartMoney® Estate Planning
Provides information to consumers on the process of gathering information and documentation for estate planning.

Frequently Asked Questions about Probate and Estate Administration

Q: What is probate?

A: In general, probate is the court procedure by which a will's validity is proved, assets collected, creditors paid and the remaining assets distributed to beneficiaries under the will.

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. Will contests typically involve allegations that a will was inadequately executed, invalidated by a later will or was the result of forgery or undue influence.