Probate and Estate Administration Law

Probate and Estate Administration

Probate is the legal process by which a person’s will is allowed by the Probate Court. The provisions of the Will dictate how the individual’s debts are paid and assets are distributed upon death. Administration is the legal process where an intestate Estate (where there is no Will) is filed with the Probate Court and an Administrator is appointed to administer the Estate.

Mr. Raines can assist the personal representative (Executor or Administrator) of the estate in the gathering, valuation, accounting for, paying the debts and making distribution of the decedent’s assets. He works with you to assure that all steps are properly taken in order to carry out the decedent’s intent in accordance with the law.

As Probate of a Will or Administration of an intestate estate is specific to your situation, we have assembled a brief Q&A section regarding the basics related to this process:

  • Guidelines for Individual Executors and Trustees
    • General Information
      • Administrator
      • Beneficiary
      • Executor
      • Fiduciary
      • Grantor
      • Principal and Income
      • Testator
      • Trustee
    • Understanding the Will
    • Managing Estate Assets
    • Handling Debts and Expenses
    • Funding the Bequests
    • Trust Administration
    • Closing the Estate
    • Common Questions
      • How do I (own) bank and other accounts
      • How do I sign my name in a fiduciary capacity
      • Where do I hold the estate or trust assets
      • How (and how much) do I get paid
      • What if a beneficiary complains
      • Can I be sued or be held personally liable
      • How am I discharged as fiduciary at the end of the administration
      • What if I want to resign
  • The Probate Process
    • What is Probate
    • Should you avoid Probate

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