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How to Get Through the Probate Process

lfsuser • Mar 08, 2019

Probate involves the use of the judicial system to address matters that arise after a person’s death. Through probate, a person can be appointed as personal representative or executor to administer the estate. Probate may not be necessary in all cases, or could be informal. Fairfield NJ estate attorneys are available to assist individuals and families with probate. 

What is probate? 
 Probate is the process of applying to the court for approval of issues related to administration of an estate. Probate may be informal, meaning that there are no in-person court appearances required. Formal probate is necessary when there is conflict and the need for court intervention to resolve disputes. Most estates qualify for informal probate, while others may require the further direction and oversight that formal probate requires. 

To commence a probate action, a petition if filed with the court with certain information that is required to be disclosed by law. The petition requests that an individual be appointed as personal representative to manage the estate. This person is an individual nominated in a will, or a person having priority under the law if there is no will. 

If the petition is approved, the court will execute documents to grant the personal representative authority to handle the estate. 

When is probate needed? 
 Probate is necessary whenever title to property needs to be transferred. If all property of a deceased individual was transferred prior to their death or if that property transfers automatically upon their death to named beneficiaries, then probate may not be needed. 

Fairfield NJ estate attorneys can review a case to determine if probate would be necessary and advisable. 

Why use an attorney? 
 Estates can be complex and may involve issues that are not always evident. An attorney can help you manage an estate in such a way that it complies with the law and maximizes the benefit for the heirs. 

The attorneys at Faloni & Associates have experience assisting clients with probate matters. Call Faloni & Associates to schedule a consultation.

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