Probate

The death of a loved one is a difficult time. Klemp & Stanton, PLLP will help you to transition assets to new owners subsequent to a death. We will make the process go as smoothly and quickly as possible and assist you to preserve as much of the estate of the deceased loved one as possible.

Whether you are a potential executor or personal representative of a will, a trustee of an estate, an heir or beneficiary, and whether the deceased died with or without a will, our expert attorneys can guide you through the process.

It is a common misconception that if a person dies with a will (testate), that probate court is unnecessary. The will merely determines who inherits the assets and who can be appointed to manage the estate of the deceased person. A will does not ensure you will never have to go to probate court. The probate process must still occur to grant authority to the executor to act on behalf of the deceased and ultimately perform the asset transfers.

Another common misconception is that if someone dies without a will (intestate), the government gets the property. Fortunately, that is not the case. Instead, the legislature has encacted laws the determine how a deceased person’s assets are passed on to the next of kin in a manner defined by law, based on whether the deceased person was married and the size of the estate.

The Probate Process is Handled in One of Three Ways

1. Informal Unsupervised Probate

   In this type of proceeding, the personal representative (also known as an executor) may distribute the property of the estate without court authorization, Informal probate saves time and money and should be used where an estate is not complicated.

2. Formal Unsupervised Probate

   This type of proceeding is common when it is necessary to determine heirship, or a question about priority or validity of a will creating the need for court involvement. This form of probate allows for a relatively fast appointment and admission of a will with a formal court determination as to testacy or heirship.

3. Formal Supervised Probate

   This type of proceeding should be used if real estate is involved and not being sold, or otherwise to protect the personal representative when there may be challenges to his or her actions or authority, and in some cases when required by the court.

Klemp and Stanton PLLP, can assist with all types of probate including transfer of assets not subject to probate and summary proceedings which are usually required when three (3) years have past since a death and a probate asset is newly discovered.

Contact us and we can can make this difficult process manageable and painless for you.