Probate

Legal Assistance in a Time of Grief

The loss of a loved one is overwhelming, both emotionally and financially, which only worsens the already complex process of dealing with estate and probate matters. Bailey Law is compassionate, experienced, and knowledgeable in probate law, and can guide you through the many requirements to successfully probate an estate.

When Is Probate Required?

When someone dies with a will, the will must be proven to be a true and accurate document, and in order for it to be proven, it must be probated in court. If there is no will, the court must still appoint the personal representative or executor. The family members and friends cannot simply divide the property. Not following the proper legal procedures can lead to further legal problems, disputes, and arguments. The probate process can be challenging and time-consuming, with technical requirements that only experienced probate attorneys are fully trained to fulfill.

The probate attorneys at Bailey Law are here to help in any type of probate.

What Is Probate?

A will requires that the probate court determine that the will is valid. If there is no will, the process will still be required to provide for distribution to the heirs as determined by the court. Then a personal representative, usually named in the will by the decedent, is appointed. The personal representative then has several responsibilities, including:

  • Notice to creditors and heirs of the deceased – the law is specific to ensure that all creditors and heirs or beneficiaries of an estate are notified of the death and that the will is subject to probate. After notice is given, creditors have a limited time to respond and file claims for debts they believe are owed. Failure to follow those strict guidelines could prove costly. Our firm will ensure that the notification process is done properly and timely so your estate is handled in accordance with the law.
  • Debts of the deceased – all debts must be paid before heirs receive any property. If the personal representative, or executor, fails to follow the law, it can create personal liability for the executor. This is critical in the probate process and Bailey Law will guide you to follow the exact requirements of the law.
  • Inventory of the estate – every item and its value at death must be reported. Official appraisals are not always necessary, and our legal team can direct you to the most cost-effective solution.
  • Property of the estate – the executor is responsible for managing and distributing the assets in accordance with the will or the law when there is no will. If items need to be sold in order to cover the debts of the estate or for any other purpose throughout the process of estate administration, the personal representative—with our assistance—will be responsible for ensuring that those processes are completed properly.
  • Dealing with tax-related issues – a deceased person’s estate is a separate taxable entity and a tax return specific to the estate, as well as the final return of the decedent, must be filed. Additional tax-related matters may be found, and in order to avoid costly errors, the experienced tax attorneys at Bailey Law can ensure you are properly directed.
  • Requests of the probate court – communications with the court as directed by the Judge or required by the law will be guided by the staff at Bailey Law.

It may seem overwhelming, but our experienced probate attorneys can make the process simple for you.