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What Is Probate and Estate Administration?
Each state provides a legal process for the orderly settlement of a decedent’s property and other assets. When a person makes a Last Will and Testament during their life, the person’s (testator’s) Will is presented to a court to assure the estate assets are distributed as directed by the terms of the Will, after valid debts and final expenses are paid.
When a decedent leaves no Will, they are said to have died “intestate,” and the state law dictates who shall inherit any assets and in what amount. This is called the law of “intestate succession.”
Drafting Wills and Other Testamentary Documents
When an elder lawyer drafts a Will and other legal instruments affecting the end-of-life plans for a client, they consider the testator’s individual life circumstances, their financial assets and liabilities, as well as their family relationships and business interests.
Experienced elder law attorneys understand the strategies that best will best accomplish the goals of the client establishing their estate plan.
Because probating a person’s estate carries a potential of substantial litigation costs and risks inconvenient delays for the testator’s survivors, most comprehensive estate planning elder attorneys seek to bypass probate court by using other estate planning techniques.