The Probate Process

If you are the executor of an estate, you face substantial legal and financial responsibilities. You must open the estate, collect and inventory assets, collect debts owed to the estate, distribute assets to the beneficiaries, and close the estate. Any mistake in performing any of these steps may not only delay the probate procedure, but also could cause legal problems for you. If you are an executor, contact an attorney experienced in probate and estate administration to help you navigate the probate process.

Learn More About Probate and Estate Administration

Generally, probate and estate administration is the process of settling a decedent's estate by resolving all of his or her debts and distributing his or her property to the estate beneficiaries. Probate is required for most estates, including those which involve a will and those which do not.

At the law firm of Kelaher, Garvey, Ballou, Van Dyke & Rogalski, P.C., our attorneys are able to handle large, complex estates, as well as contested estates. We represent the best interests of executors, administrators and individual family members who become involved in probate disputes for clients throughout Toms River, the New Jersey Shore and the surrounding areas.

When you rely on our team of legal professionals, you can expect to receive compassionate, quality legal advice and representation.

For more information about how we handle probate and estate issues, visit our Probate and Estate Administration page.

Below, we have provided some information about probate and estate administration to help educate you about the relevant issues. If you are ready for answers about your specific case, visit our contact page to schedule a consultation.

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Our attorneys help individuals and families throughout New Jersey who need help administering estates. When you rely on us to handle your case, you can count on receiving quality legal advice and representation from one of our experienced probate and estate lawyers.

To learn more about the probate and estate administration process, please call 732-606-4590 or visit our contact page to set-up an initial consultation with one of our legal professionals. For your convenience, we will be more than happy to discuss your case with you over the phone, at our office or at your home.

Probate is the court process used to determine the validity of a will and oversee the payment of creditors and distribution of estate assets. Even if there is no valid will at the time of death, the estate will still go through the probate procedure. Since probate is regulated by state laws, there are specific procedures proscribed by each state for carrying out the process.

If you are the executor of an estate, contact an experienced probate attorney at Kelaher, Garvey, Ballou, Van Dyke & Rogalski, P.C. in Toms River, New Jersey to help you identify and carry out your estate administration duties.

Probating the Estate

Despite the variation in state laws, probating the estate generally includes the following functions:

Petitioning the court to probate the will
Sending notice to creditors, beneficiaries and any other interested parties
Collecting, inventorying and appraising all estate assets
Collecting any payments, debts and income due to the estate
Paying any debts owed, and filing and paying local, state and federal taxes
Distributing any remaining assets to beneficiaries in accordance with the terms of the will

Small Estates

Most states have a fast-track or simplified probate process for smaller estates that meet certain qualifications. Normally, this process doesn't require probating the estate before the probate court, but before an administrator, which can cut down on the time and cost of probate.

Disadvantages of Probate

Time and expense: Probating an estate can be time-consuming, taking anywhere from 6 months to 2 years to complete. Contests to the validity of the will can increase the duration of the process. Probate also can be expensive, with any probate costs and fees coming out of the estate's funds.

Lack of privacy: Probate matters are part of the public record, meaning anyone can find out the size, contents, and beneficiaries of the estate. This lack of privacy can cause tension between family members.

Intestacy

If someone dies without a will or the probate court determines the will of the decedent is invalid, that person is said to have died intestate. Each state has a set of default inheritance rules that apply in the absence of a will or other estate plan. These rules generally distribute property to the surviving spouse and children first, and then parents and other close family members. The only way to prevent the default rules from determining the distribution of assets is to have a valid will or trust in place before death.

An experienced estate administration attorney can help simplify the probate process for you. Contact Kelaher, Garvey, Ballou, Van Dyke & Rogalski, P.C. in Toms River, New Jersey for more information today.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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