There can be a lot of emotions involved with the passing of a loved one. Family members are grieving but still have to take care of the funeral arrangements, get in touch with family, and a lot more. Lee & Haraguchi APC can assist you through this process and advise you on how to move on after you have lost a loved one.
Probate is the procedure whereby the Probate Court determines whether a Will of the recently deceased (the “decedent”) is valid. The Court then supervises the distribution of the Probate Estate of the decedent with the help of the court-appointed personal representative. The Probate Estate is the part of the decedent’s property and assets that is subject to probate. It does not include property held jointly with rights of survivorship or property held in a beneficiary account, such as life insurance or Trusts.
Normally the decedent will name a person he or she wishes to be his executor, or personal representative to his estate in his Will. The role of the personal representative is to use the Probate Estate to pay all the valid claims, such as any debts owed, and then distribute the remainder to the proper beneficiaries.
A person who dies without a will is deemed to have died “intestate.” While no will is probated, the intestate estate must still be administered through the Probate Courts.
The personal representative usually employs an attorney to guide him through the process. The attorney is there to make sure that the Estate is administered properly without any liability to the personal representative. This is where we come in to help you and your family. You need an experienced attorney to make the Probate process as simple as possible.