Nobody in this world can avoid death. When the person dies, the distribution of the deceased person’s assets takes place through the probate court. Therefore, someone needs to represent the assets on behalf of the deceased person. An executor is responsible for this task and ensures that the assets of the owner will adequately transfer to the heirs. However, probate is not an easy task. Hence, professional guidance is essential throughout the probate process. A Probate Attorney Near Me can assist the executor in all the tasks of the probate process.
Executor’s Role In The Probate Process
During the creation of the will, the asset-holder has to choose someone as the executor(s). The owner can also add multiple executors in the will. The executor must be a trusted person because he or she will be responsible for executing the will properly according to the will-maker’s wish. If the person passes away without any will, the court will appoint any close family member of the deceased person as the administrator. The responsibilities of the executor in the probate process are as follows.
Present The Will To The Probate Court
The assets of any deceased person don’t pass to the heirs on its own. A legal process takes place through the court for the distribution of the assets. First of all, the court demands the will of the deceased person if he left with a will. Hence, the executor’s first job is to locate the will of the person to submit in the court. The court will then verify the will and the other documents before proceeding to the further steps of the probate process.
Identify Assets And Pay Any Bills And Debts
The executor then needs to locate the deceased person’s assets after the verification of the will by the court. It includes real estate, bank accounts, stocks, or other valuable properties. However, a single person can’t locate all the assets individually. There can also be some hidden assets to which are not easy to find. Hence, you must take help from the Probate Attorney Near Me to identify all the assets.
When a person dies, there can likely be some unpaid bills or debts on the assets. It is essential to clear these liabilities before distributing the assets. For this step, you need to notify the creditors about the demise of the person. You can use the local newspaper to inform the creditors. However, there can be some false creditors that can claim fraud debts on the assets. Therefore, you must always take help from a professional attorney that can identify and keep the false creditors at bay.
Pay Required Taxes With Probate Attorney Near Me
The executor needs to pay the taxes per the state’s probate laws before distributing the assets. It can be inherent taxes, estate taxes, or other taxes. It is necessary to file a return in the income tax department to know the different taxes levied on the assets. However, these charges can be significant that can sometimes result in the reduction of the property too. If you want to eliminate unnecessary taxes, a Probate Attorney Near Me can be the right choice for you. He/she can use the in-depth knowledge of law and experience to help you save money from unnecessary taxes.
Close The Estate
The last step in the probate process is the distribution of the assets to the heirs. After completing all the above steps, the executor needs to submit the documents in the court. The court will then give judgment about distributing the assets by verifying the documents.
Why Do You Need A Probate Attorney Near Me?
Probate is a lengthy process that proceeds step-by-step. It is natural for an executor to make a mistake due to the lack of knowledge and probate experience. However, it can sometimes make the case more complicated and even result in the reduction of the estate. Therefore, it is best to take help from a Probate Attorney Near Me during the process. He/she can assist you in all the tasks during the probate process from identifying assets to pay the liabilities. Moreover, he/she can execute the process much faster as he can handle the case timely and professionally.
It can be one of the most challenging times when a family member dies. However, probate can be a long process that can keep you away from your family members when they require you most. A probate attorney can handle the process to save time, money, and energy. Hence, you can spend that with your family that can help them to heal from the emotional pain of losing a valuable person.
