Probate

Probate is the court-supervised administration of one’s estate after their death. One typical goal of estate planning is to avoid probate. However, if proper and thorough estate planning was not undertaken, a probate administration may be required. The cost, time, and scope of a probate administration will depend on the size and nature of the decedent’s assets, the estate planning documents in effect at their death, and the interested parties involved. In a probate administration I typically serve one of two general roles. I often represent the personal representative (more commonly referred to as the executor) to make sure that all of the required steps in the probate administration are performed properly and timely. This includes the necessary court filings. When alternate steps can be used I discuss these with the client to make sure to minimize the cost and time of the probate administration. The other role I often serve in a probate is to represent a beneficiary or creditor (who is not the executor) to make sure that their rights and interests are fully protected and that the executor is properly administering the probate estate.