Probate Administration and Litigation

Probate is a mystery to most of the public. In its most basic terms, probate is nothing more than a court-supervised transfer of title of an asset. The goal is to take title out of a deceased person's name and to put it into a living person's name. Who may be the recipient of a deceased person's asset depends upon whether or not that deceased person left instructions in a will identifying the recipient or, if no will is found, which statutes apply identifying the recipient by default.

Though this explanation of probate may seem simple, the process usually is not. In a typical probate, there are a number of different persons interested in the probate estate. The most common are creditors, family members, beneficiaries, the surviving spouse, attorneys, the judge, and the personal representative for the estate. Each person has a different interest in the probate that is protected by law. Because of those protected interests, the steps undertaken to complete a probate can be lengthy, time-consuming, and costly. Before beginning a probate, one should always familiarize themselves with the applicable statutes and rules of procedure. We take special care during these difficult times to represent families with caring and compassionate counsel, guidance and direction. We are well aware of the stress that legal proceedings often add to a difficult situation, and strive to complete the formal process as quickly as possible while maintaining an eye towards your expressed goals. Experience enables us to counsel surviving spouses and children during this transition and help them make sound legal decisions for their future.