Probate Administration

Validating the Will and Other Important Roles

Probate administration is the act of actually taking a will through the probate process, and it usually begins with the tricky yet crucial task of validating the will. If you are the executor of a loved one's will and are already feeling the pressure of being in charge of probate administration, the time to contact our Raleigh probate attorney at Hopper Law Office is now. With 29 years of legal experience, we would be happy to walk you through this process, and even represent you in probate court should the need arise.

Valid Reasons to Challenge a Will

Every will, no matter how soundly it was drafted and finalized, needs to be validated through probate administration. If it has been created correctly, this could be a relatively quick process, taking days or weeks, depending on the size of the estate. If it has not, you should expect delays, sometimes months or even years as interested parties appear to challenge the will's validity.

A will may be deemed invalid for several reasons, including:

1. Lack of understanding: If the argument can be made that the decedent did not have sound mind or comprehension of what the will dictates, the entire document could be invalid.
2. Fraudulence: It is not unheard of for someone to exert undue pressure upon a testator who is making a will so that they benefit from inheritance. Such acts could be considered fraud and damage the validity of the will.
3. Questionable distribution: How property is distributed in a will can be a sign of its own validity. If all of it goes to a third cousin the family of the decedent hardly remembers, for example, something strange might be taking place.

As executor of the will and head of probate administration, it will be your job to make certain that the will is properly reviewed and that it is indeed legally sound. Once everything is in order, you can proceed.

Debts Paid and Distributed Property

As soon as a will is deemed valid, you can start actually considering what property exists in the decedent's estate, and what may be its total value. Friends and family who are named in the will are sure to be excited to collect inheritance as one last gift from a person they held dearly, but the distribution cannot begin right away. Instead, you will have to consider debts and taxes owed.

In many cases, creditors have first say to property value in an estate. For example, if the decedent owes $10,000 to a creditor, property may have to be sold off at auction until $10,000 can be given to them. It might also be possible for a creditor to directly collect a piece of property, which is common for real estate and automobiles that have not been entirely paid off. Once creditor debts are satisfied, the remaining property can be distributed accordingly.

Raleigh Probate attorney You Will Trust

Probate administration can truly be a daunting task for someone who is not wholly familiar with litigation and legislation. Even if you do believe you have a solid grasp on what needs to happen, it can be real trouble finding the time. By working closely with our law firm, you can take a stress-free approach to probate administration and allow us to manage as much as we can.