There are estate planning methods that can be used to help keep property out of probate court, for example. Depending upon the techniques used for protecting an asset from probate, there may be other legal concerns to take into account. If you have questions about your estate plan or about avoiding probate, contact an estate planning attorney for straightforward solutions that will work for you.
New Jersey Probate Attorneys
If you need an attorney for the probate of an estate, trust litigation or a will contest, the experienced probate attorneys at Byrnes Kirkwood can help. If you need to speak with an attorney about the probate of an estate or probate litigation, contact Byrnes Kirkwood in Red Bank, New Jersey.
Our attorneys, Sean F. Byrnes and Christopher Kirkwood, have more than 40 years of combined legal experience. We offer comprehensive probate services. To speak with an attorney at our firm, call 732-219-7711, or contact us by e-mail.
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We offer comprehensive representation in the areas of estate planning and probate. Contact Byrnes Kirkwood to speak with an attorney about your legal needs.
The process of probating an estate is complex and is best handled by an experienced attorney. To speak with a New Jersey probate lawyer, contact Byrnes Kirkwood in Red Bank, New Jersey.
The Probate Process
The Probate Process
Probate is the court process used to determine the validity of a will and oversee the payment of creditors and distribution of estate assets. Even if there is no valid will at the time of death, the estate will still go through the probate procedure. Since probate is regulated by state laws, there are specific procedures prescribed by each state for carrying out the process.
If you are the executor of an estate, contact an experienced probate attorney at Byrnes Kirkwood, Attorneys at Law in Red Bank, New Jersey to schedule a consultation with an experienced probate attorney who can help you identify and carry out your estate administration duties.
Probating the Estate
Despite the variation in state laws, probating the estate generally includes the following functions:
- Petitioning the court to probate the will
- Sending notice to creditors, beneficiaries and any other interested parties
- Collecting, inventorying and appraising all estate assets
- Collecting any payments, debts and income due to the estate
- Paying any debts owed by the estate, including filing and paying local, state and federal taxes
- Distributing any remaining assets to beneficiaries in accordance with the terms of the will
Small Estates
Most states have a fast-track or simplified probate process for smaller estates that meet certain qualifications. Normally, this process allows probating the estate before a court administrator rather than the probate court which can cut down on the time and cost of probate.
Disadvantages of Probate
Time and expense: Probating an estate can be time-consuming, taking anywhere from 6 months to 2 years to complete. Contests to the validity of the will can increase the duration of the process. Probate also can be expensive, with any probate costs and fees coming out of the estate's funds.
Lack of privacy: Probate matters are part of the public record allowing anyone to find out the size, contents and beneficiaries of the estate. This lack of privacy can cause tension between family members.
Intestacy
If someone dies without a will or the probate court determines the will is invalid, that person is said to have died intestate. Each state has a set of default inheritance rules that apply in the absence of a will or other estate plan. These rules generally distribute property to the surviving spouse and children first followed by parents and other close family members. The only way to prevent the default rules from determining the distribution of assets is to have a valid will or trust in place before death.
Contact a Probate Attorney Today
An experienced probate and estate administration lawyer can help simplify the probate process for you. Contact Byrnes Kirkwood, Attorneys at Law in Red Bank, New Jersey for more information and to schedule a consultation.
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