Probate Administration

SOUTH SHORE PROBATE ADMINISTRATION LAWYER

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• Estate Administration is the process of managing and distributing a deceased person’s estate according to their will or, if there is no will, according to state intestacy laws. It involves settling debts, distributing assets, and handling legal and financial responsibilities.

Key Components of Estate Administration

• Probate:
  • Probate is the legal process of validating a will, appointing a personal representative or administrator, and overseeing the distribution of the estate according to the will or state law if there is no will.
  • During probate, the court ensures that the deceased’s debts are paid, and the remaining assets are distributed to the rightful heirs.
• Personal Representative’s Role:
  • The executor (now called a personal representative) is responsible for managing the estate during the probate process. This includes:
    • Filing the will with the probate court.
    • Notifying beneficiaries and heirs.
    • Identifying and valuing estate assets.
    • Paying debts, taxes, and expenses.
    • Distributing assets to beneficiaries according to the will or state law.
  • The executor must act in the best interest of the estate and follow the legal requirements set by the court.
• Intestate Succession:
  • If a person dies without a will (intestate), the estate is distributed according to the state’s intestacy laws. These laws determine the hierarchy of heirs, usually starting with the closest relatives, such as spouses, children, and parents.
  • The court will appoint a personal representative to manage the estate in the absence of a will.
• Handling Debts and Taxes:
  • The estate administrator must identify and pay any outstanding debts of the deceased, including mortgages, credit card bills, and medical expenses.
  • Estate taxes, if applicable, must also be calculated and paid. The federal estate tax threshold is high, so not all estates are subject to this tax. However, some states impose their own estate or inheritance taxes.
• Distribution of Assets:
  • Once all debts and taxes are settled, the remaining assets are distributed to the beneficiaries named in the will or, in the case of intestacy, according to state law.
  • This distribution can involve transferring titles to property, liquidating assets, and distributing funds from accounts.
• Closing the Estate:
  • After all assets have been distributed and the court is satisfied that the estate has been properly administered, the executor files a final accounting with the court, and the estate is officially closed.
    

The Role of an Administration Attorney

• Guiding Executors: Estate administration attorneys assist executors or administrators in navigating the probate process, ensuring they comply with legal requirements and fulfill their duties.
• Handling Legal Issues: They address any legal issues that arise during the administration process, such as disputes over the validity of the will, claims by creditors, or conflicts among beneficiaries.
• Resolving Disputes: If disputes arise over the distribution of assets or the interpretation of the will, the attorney can help mediate or litigate these issues.
  
  

If you have any questions regarding probate administration, fell free to call me at 781.331.1500, e-mail me at peterdempsey@yahoo.com or use the contact link provided in this site.  Initial consultation is without charge.  Offices are located in Marshfield, Hingham and Quincy.