Practice Areas

When a family member passes away, the deceased person’s estate must be administered through the probate process if the person died owing debts to creditors or governmental entities. Letters Testamentary are issued if a person dies and has executed a Last Will and Testament. If an individual dies without a Last Will and Testament, Letters of Administration govern the administration of the estate of the deceased person.

The legal proceeding is usually held before a Probate Judge before anyone is given authority to manage or administer the estate of a deceased individual. In some jurisdictions, the Probate Clerk has authority to hear probate cases. Probate Administration also includes conservatorships, litigation of issues involving will contests, improper conduct of a fiduciary, and issues concerning trusts.

Challenges in Probate

Administering an individual’s estate is not always a smooth process. There can be challenges in settling a person’s estate. The most litigious of the challenges is a will contest. A will contest usually arises when someone is dissatisfied with the inheritance they are to receive under a Last Will and Testament or they feel the document is not the intent of the Testator (person who executed the Will) was unduly influenced to create the Will. Basic allegations usually include fraud, mental incapacity, undue influence of the deceased person or the Will does not meet the statutory requirements to be valid.

Other challenges that arise in probate include insufficient assets to pay the debt of the deceased person, multiple Wills, inaccurate real property descriptions or disputes to ownership and tax issues of the estate.

We at the Holden Law Office can guide you through the probate process to ensure that no mistakes are made and ensure the intent of the Testator is fulfilled. Contact us today if you need an expert on probate administration.