The Process of Probate: What Is It?
February 23, 2023
When estate planning is done thoughtfully, probate may be avoided or minimized. In reality, most heirs will have to navigate the probate
When estate planning is done thoughtfully, probate may be avoided or minimized. In reality, most heirs will have to navigate the probate
As part of the probate process, a will is recognized and recognized as valid by the court, a personal representative (executor) is appointed, and assets are distributed to intended beneficiaries. It also requires paying the decedent’s outstanding debts and federal and state taxes. Each state has different laws determining if probate is necessary or can be expedited, whether the fiduciary requires bonding, and what reports must be prepared. The probate experience is unique, as no two wills are the same.
Knowing the lawyer’s role is one of the first steps you should take when starting the probate process, no matter if you’re the Executor or an heir. One of the biggest sources of conflict in probating the estate is understanding the role of the lawyer hired by the Executor of a probate estate. Many Executors do not understand the probate process and leave the tasks up to the lawyer. The heirs of the estate may hear only from the lawyer or may hear the Executor say, “This is what the lawyer says we have to do.” This often raises the question, does the lawyer owe a fiduciary duty to the heirs of the estate since the Executor owes a fiduciary duty to the heirs?