Probate
"Where there's a Will, there's 500 relatives. "
- Anonymous
When a loved one dies, the loss can be emotionally staggering. Every week we get phone calls and emails from people who are grieving the death of a loved one and are confused and overwhelmed about what to do next.
Probate and Estate Administration Law is one of our primary focus areas. When you’re suffering through the loss of a loved one, we can help through our compassionate, professional, and timely service.
Here at Legal Legacy Advisors, we believe in helping clients navigate the many types of the Probate process and its complexities. Our Attorneys take a compassionate thorough approach while handling our clients cases during this difficult time. Call us today to schedule a confidential consultation.
Here are the most common types of Probate:
Muniment of Title
A muniment of title is a type of Probate used to transfer estate property to the beneficiaries named in the decedent's will without the need for full estate administration. To do this type of Probate there is still the requirement of having a valid, written Will. Additionally, this type of Probate is used when the decedent does not owe any debts, other than a mortgage on their house, at the time of their death.
Independent Administration Probate
Independent administration of an estate occurs when the decedent states clearly, in their Last Will and Testament, that their Executor shall serve without court supervision, or if all beneficiaries agree to allow the Executor to serve without Court supervision. Independent administrations usually involve only one court hearing and the filing of an inventory.
Dependent Administration Probate
Dependent Administration involves court supervision of every aspect of settling an Estate. It is more time consuming and more expensive as a result. It also requires the Court appointed Executor to pay for a Bond to ensure he/she follows the Courts directives and manages assets properly.
Heirship Determination
The Determination of Heirship procedure is a court procedure that declares the identities the decedent's heirs and, if desired, allows an administrator to be appointed to administer the estate. The Determination of Heirship procedure is one of the most expensive procedures available to the decedent's heirs.
Small Estate Affidavit
This type of Probate is used when a decedent (the person who died) assets total $75,000 or less and died without a Will. In order to file a Small Estate Affidavit you must be a person entitled to the decedent’s property, 30 days must have passed since the decedent died, and there cannot be any other probate proceeding pending on behalf of decedent’s estate. The Affidavit must be approved by the Probate Court in the county in which decedent lived at the time of death before it is valid.
