Simple Probate Process? Is That a Thing?

April 16, 2018 in Uncategorized | MARTIN WREN, P.C. | LEAVE A COMMENT

Virginia Estate Lawyers

When an attorney, like a probate lawyer Arlington, TX relies on, or paralegal hears the words “Simple Probate” many things run through their heads. In generally speaking of the Probate Process, many individuals are not aware that there are in fact several types of Probates and each type of Probate has different filings that need to occur with the Courts.

        The Typical Probate Process that we are speaking of today is that of a Simple Probate. The Typical Probate process consists of an Original Will with a Self-Proving Affidavit attached to the Will. This type of Will enables the attorney to prove-up the Will more easily and less complicated for the clients as well. Without having this type of will, additional disinterested witnesses (people not benefiting from the Estate) and also the subscribing witnesses of the original signing of the Will have to come to the hearing and testify.

        When having a simple valid Will, the Estate is more easily flowing and aside from cheaper costs of Probating the Will, the protocols and deadlines are similar in the typical Probate process.

        Once you have established your witnesses, Oaths, Orders and Proofs that have to be prepared by an attorney you have three mandatory deadlines that are expected from the Courts. After the prove up hearing where the client has been sworn in as the Executor or Administrator of the Estate, the first deadline to be completed within thirty (30) days consists of notifying all the heirs of the Estate. Most of the time this is an easy process; however sometimes you have heirs that need to be located and this could be time consuming. Once the heirs-at-law have been identified the Attorney will prepare an official Notice and file with the Courts.

        The second deadline is to Notice the Creditors that again an attorney has to prepare and file with the Courts. The attorney also has to prepare an Affidavit of Compliance and file with the courts to avoid any penalties against the client and or Estate. This is the step to officially notify any creditors against the Estate. A benefit of hiring an attorney is that the Attorney has the authority to negotiate these claims for the heirs-at-law and is able to lower if not dissolve the debt in its entirety.

        The most important deadline for a typical Probate is the preparation and filing of the Estate Inventory. This can be a complicated process due to how large the Estate is let alone how to divide the assets accordingly. If the Inventory is not filed within ninety (90) days from appointment as Executor or Administrator or a Motion for Extension is not filed the Courts can penalize a client for delay by making them pay a fine. Therefore, it is imperative that the client(s) always communicate with their attorney, paralegal and requests from the Firm.

        In conclusion, once the Inventory has been filed with the Courts, the Order Approving the Inventory has been signed by the Judge, the attorney can then begin to assist with the division of assets to the heirs-at-law. This too can be a complicated process due to Receipts of Devise and preparing the correct Affidavits and Receipts of Devise to ultimately excuse the Executor or Administrator of their duties and responsibilities. As an Executor or Administrator they have been appointed by the Courts and are ultimately reliable and held accountable for all assets from the Estates. Our Firm strives to be fair and equitable when it comes to all asset divisions down to the last penny. We clearly do not want any bad faith claims or accusations towards our client’s or the Estates that we handle. We strive to achieve all deadlines prior to the actual demand for them, and to assist our clients with the most effective knowledge and preparation of the Probate processes. Without having the knowledge to prepare for the demanding deadlines, filing of appropriate Motions and Orders to the Courts has proposed several penalties against the clients. At the Brandy Austin Law Firm, we get it right the first time. Contact our Firm today to schedule your free consultation.

Thanks to our friends and contributors from Brandy Austin Law Firm, PLLC for their insight into simple probate process.




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