At Mahoney Law Office, we understand through personal experience that dealing with a death in the family can be an
overwhelming and emotional time. We are here to help clients navigate the intensive paperwork involved with an uncontested,
informal Probate.
Probate is the legal process which establishes the validity of the Will and oversees the actions of the Personal
Representative. The Personal Representative is responsible for wrapping your estate up and making the distributions according
to the terms of your Will, if you have a Will, or according to the laws of intestacy if you died without having a Will. In
essence, the Personal Representative is signing on behalf of the deceased to transfer the titles and deeds and other assets
to the beneficiaries or heirs.
Probate is a time consuming process designed to enable the proper transfer of the decedent’s estate to the rightful beneficiaries.
This process is also used to collect any taxes due on the transfer of the property. Outstanding debts can also be settled
through Probate. A four month notice must be published in a local newpaper, at the end of which all creditors must have filed
any claims that they have. The balance of the estate or property following settlement of these debts and taxes is then distributed
to the beneficiaries. The nature of Probate means that if there is no estate or property to be distributed then there is no need to go
through Probate.
Probate is necessary not only to facilitate distribution of property from the Last Will and Testament, but also to
allow objections to the Will by other parties. Objections can arise for a variety of reasons, and investigations may
also be required for such reasons which include: the possibility that the deceased was not of sound mind when the Will
was made; the possibility that another Will was made at a later date; the possibility that the Will was forged or that
the decedent’s decision was improperly influenced.
What happens if a person dies without a Will?
If a person dies without a Will ("intestate"), the Probate Court appoints a person to receive all claims against
the estate, pay creditors and then distribute all remaining property in accordance with the laws of the state. The
major difference between dying testate (with a Will)and dying intestate is that an intestate estate is distributed to
beneficiaries or heirs in accordance with the distribution plan established by state law; a testate estate (after payment of
debts, taxes and costs of administration) is distributed in accordance with the instructions provided by the decedent
in his/her Last Will and Testament.
Dying without a Will can have very unintended results, especially for blended families where the deceased has
children from a previous relationship. It means that one-half (1/2) of the estate will go to the children of the
deceased, not to the surviving spouse. If this is not your wish, you should have a Will.
Call to schedule your consultation with an attorney who listens and cares.
623-518-3513
Email Link: jmahoney@mahoneylawoffice.net
