Probate

If the deceased had a will-centered estate plan, the probate court will typically be involved in the settlement of the estate.

The role of the probate court is to appoint a personal representative of the estate (typically the person nominated in the will), and oversee the personal representative’s performance of his/her duties. Those duties include tasks such as paying the estate’s bills, collecting any debts owed to the estate, distributing the estate property to the heirs and devisees, and appropriately reporting all actions to the probate court.

The role of the probate attorney is the assist the personal representative with those duties, so that the estate is settled properly.

When creating an estate plan, my goals are to educate clients to understand their plans, and to work with them to maintain their estate plans, so that when the time comes, the estate can be settled smoothly and swiftly. If appropriate with the client’s goals, the estate plan will be prepared to avoid or minimize the probate process.

Learn more about the differences between wills and trusts on the Frequently Asked Questions page.