The Probate Process—Assistance For A Surviving Family Member

The executor's role is to protect the possessions of a decedent, ensuring that they are eventually distributed to the heirs of the deceased. If an executor hasn't been formally assigned, a living relative may decide to apply as the person who oversees a decedent's assets. Assistance involves consulting with a clerk of courts, speaking with an attorney, and taking an educational course.

The Decedent's Role

The decedent may have drawn up a will or a living trust while they were still alive. Either document will outline who has been appointed as an executor. An executor can be a living relative, a banking institution, a trust, or an attorney. A decedent will outline the manner in which they would like their property to be distributed. A will goes into probate upon the death of an individual. If an executor has already been named, this person will be aware of their role.

Probate Assistance

If a will or a living trust was not drawn up, a surviving heir may seek the role of the executor. They will need to petition the court. A clerk of court who oversees probate matters will furnish the paperwork that an executor applicant must fill out. A clerk can not provide legal advice but can offer assistance with filling out paperwork or seeking legal assistance.

An applicant can consult with a legal aid representative. Legal aid is offered to those with limited funds. If this route is sought, an applicant may need to provide documentation concerning the amount of earnings that they have. A probate attorney is another professional who can offer solid advice. A probate attorney will typically offer a free consultation. This consultation will provide a basic overview of the probate process. An attorney will not delve into a personal case without being formally hired to render their services.

A probate attorney will require a retainer fee. After this has been satisfied, they will help their client navigate their way through the probate process. There may be a need to attend a court hearing. This is a formality that takes place with standard probate cases.

If an individual would like to educate themselves further about probate law, they may be able to sign up for an introductory course that is being offered in their community or online. An introductory course will go over the role of the executor and the various forms that need to be filed with a court. 

For more information, visit a local office like the Law office of Janet Lund.