The Law Offices of Scott M. Martin can assist you with your probate needs for a client taking care of the estate of someone who has passed away. This could be the Executor named in the Will, the administrator as appointed by the probate court, or a close relative of someone who has died intestate (without a will). 

In many cases, when someone passes away, his or her property must be distributed through probate. The Executor or the Administrator, usually working with an attorney, navigates the probate process through the courts and distribute the deceased person’s estate and settle his or her debts. Sometimes, the executor will be requires to post a bond to protect the assets of the estate.

The probate process involves identifying and inventorying the deceased person's property, appraising the property, and then paying taxes and creditors with the deceased's assets, if applicable.

If there is a will, the assets are distributed according to the instructions of the will. If not, then state law determines who gets what and how much.

Whether or not the deceased person had a Will does not alone determine whether a probate is necessary. A will might make the process simpler but probate may still be required for assets that deceased owned individually.

In general, property which the deceased owned individually has to pass through probate for ownership to pass to his or her heirs. Jointly owned property and the proceeds of life insurance, retirement accounts, and annuities pass to the surviving joint owner or the named beneficiaries without the necessity of probate.

The professionals at The Law Offices of Scott M. Martin are here to help you navigate the complicated probate process at what is already a very difficult time for someone looking to settle the estate of a relative or friend.  Call for a free consultation.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation