When someone dies with assets in their own name and there is no paid on death beneficiary, the probate process is required. Probate is a court process where an attorney represents the personal representative and assists with the collection and distribution of assets.
The first step for a personal representative is to order death certificates, find the will and/or trust, and gather information regarding the assets. The gathering of information includes finding any deeds listing the decedent as the owner and finding any investments or bank accounts. Once these documents are being sorted through, a probate attorney can be hired to assist in this process.
Probate is a complicated process and requires a probate attorney with experience. Ally Glaser has the experience and knowledge to get you through your probate process in the least amount of time. The amount of time a probate takes is determined by a number of factors. If the decedent died less than two years ago, a notice to creditors must be filed with the probate court and this notice must be published in the local newspapers at least twice, giving creditors the next three months to come forward and make a claim against the estate. If more then two years have passed since the decedent’s death, the notice to creditors is not required and thus, the probate case can move along much quicker in the probate court system.
Probate can be avoided by doing a proper estate plan. At Ally Glaser, PA, we do estate planning and also handle probate and trust administration matters. We are happy to help you during these difficult times.