Skilled Probate And Estate Administration Services
When a loved one passes on, probate and estate administration often become burdens the decedent’s friends and family are not prepared to shoulder. Navigating the complex probate process on your own can be difficult while you are grieving, so why not have an experienced guide help you through the challenges ahead?
At Artherton Law, I help clients throughout northern Arkansas and southern Missouri with their estate administration and probate needs. My name is Angela Artherton, and I want to relieve you of the burden of your probate and estate administration obligations.
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What Probate Entails
Probate is the legal process of recognizing a will, appointing someone to execute it and administering the estate according to that will. As your legal representation, I can help you minimize the time it takes to resolve your probate process, saving you time, money and energy. I also can complete tasks required of an estate administrator, such as:
- Alert interested policyholders
- Pay the remaining debts of the estate
- Obtain an accurate valuation of assets
- Disperse inheritance to beneficiaries
- Handle any tax obligations of the estate
My goal as your probate attorney is to minimize the difficulty you have with the probate process after a loved one passes. Instead of trying to juggle probate and estate administration while you are grieving, let me handle the legal aspect so you can focus on your mourning.
Probate And Estate Administration FAQs
Ensuring you meet the requirements for a personal representative of an estate can be confusing. Here, I answer a few questions I hear lot from my clients.
When is probate required, and how does the process work?
Probate is necessary when a person dies owning assets but does not have any designated beneficiaries. This includes when a decedent has designated heirs in a will, but their assets are not exempt from the probate process, such as assets in a trust, in joint accounts with right of survivorship, or in accounts with pay-on-death designations. The probate process can involve:
- Verifying the legitimacy of the will if the decedent had one
- Selecting an executor or personal representative
- Doing an inventory the deceased’s assets
- Paying out taxes and debts on the estate
- Distributing the remaining assets to the rightful heirs or beneficiaries
In Missouri, some small estates may qualify for simplified probate procedures.
What are the roles of the executor/personal representative?
Estate executors and personal representatives are typically responsible for managing the deceased’s estate through the probate process. Their duties typically include:
- Locating and safeguarding assets
- Paying outstanding debts and taxes
- Maintaining detailed records
- Distributing assets according to the will or state law
Executors or personal representatives may also have to handle any legal and administrative tasks required during probate.
How are disputes during probate resolved?
Disputes during probate, such as challenges to the validity of the will or disagreements among heirs, are typically resolved through the probate court. An estate judge may hold hearings to evaluate evidence and testimonies before making a decision. In some cases, judges may suggestion mediation or another form of ADR if they believe parties can resolve their disputes amicably.
How long does probate typically take and what are the main steps?
The duration of probate can vary, but in Missouri, it often takes between six months to a year to complete. Main steps include:
- Filing the will with the court
- Appointing an estate executor or personal advocate
- Notifying creditors
- Taking inventory of and appraising the estate
- Paying out debts to creditors or taxes to the government on the estate
- Distributing estate assets to beneficiaries
If you are administrating a more complex estate, the process can usually take longer.
What fees, taxes and costs are involved in probate?
Probate involves various costs, including court filing fees, executor fees, attorney fees and appraisal fees. Additionally, an estate may be subject to federal and state taxes. While Missouri and Arkansas do not have an estate tax, federal taxes may apply to larger estates. It’s important to plan for these potential costs when creating your estate plan.
Leave The Probate To Me
If you are looking for a committed lawyer you can leave your probate needs with, choose a lawyer you can trust. Contact my office by calling 417-419-9518 or email me here to schedule your initial consultation today.