Charleston, SC lawyer Rick Callison has worked with personal representatives administering estates, creditors of estates, and others interested in the probate administration process. Probate lawyers help you understand the duties in probate court and timelines.
OPENING THE PROBATE ESTATE
The first step in probate administration is to have a personal representative appointed and the estate opened. The personal representative communicates with the probate court, heirs, devisees in a last will in testament, and creditors. The goal of probate is to accumulate estate assets, satisfy creditors, and distribute the estate. The job of the probate attorney is to work with the personal representative or other interested party to get the probate estate administered as efficiently as possible.
CREDITORS OF THE ESTATE
Probate estate creditors have a window of time in which to present claims. The personal representative or probate attorney will communicate with creditors to resolve the claim. If the parties cannot agree, the issues are resolved by a hearing in the probate court. Because of this adversarial nature, individuals often seek the counsel of a probate administration lawyer to help guide the process.
INVENTORIES, ACCOUNTINGS, NOTICES AND OTHER FILINGS
An estate administration attorney helps a personal representative properly and timely file a number of items. This will usually include an application for appointment and probate of will, notice to creditors, information to heirs and devisees, inventory and appraisement, deed of distribution, final accounting, proposal for distribution, and verified statement to close, among other filings. Each filing must be made at the right time and in the proper manner. Personal representatives can use the help of probate lawyers to work through the process.
FAMILY SETTLEMENT AGREEMENTS
Families can come together to agree on what otherwise might be a dispute. There is sometimes a need to document the agreement. A probate attorney can help make sure a family settlement agreement is memorialized so that the probate estate can move towards closure. Please reach out to Charleston Attorney Rick Callison to talk about how your family settlement agreement can be drafted.