If you are the executor of an estate, you face substantial legal and financial responsibilities. You must open the estate, collect and inventory assets, collect debts owed to the estate, distribute assets to the beneficiaries, and close the estate. Any mistake in performing any of these steps may not only delay the probate procedure, but also could cause legal problems for you. If you are an executor, contact an attorney experienced in probate and estate administration to help you navigate the probate process.
Connecticut Probate and Estate Administration
Probate and estate administration issues can be complex and overwhelming situations for executors or personal representatives who do not understand the process. Be sure that you have an experienced probate lawyer on your side who can help you through the process.
Attorney Victoria Spellman has handled nearly every type of probate and estate administration issue. From simple administration issues to complex tax and litigation matters, she has the knowledge and the ability to work on your behalf for a smooth resolution in your case.
Contact our office today to learn more about how we can help you.
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Contact the Suffield, Connecticut, law firm of Spellman & Kelly, LLC, to learn more about how we can help you with your probate and estate administration issues. We are available during regular business hours and by appointment during evenings and weekends.
Contact Spellman & Kelly, LLC, for experienced, thorough representation for any probate or estate administration matter. We serve clients throughout Hartford County and Tolland County including the communities of Suffield, Enfield, Manchester, Windsor and Granby.
The Probate Process
Probate is the court process used to determine the validity of a will and oversee the payment of creditors and distribution of estate assets. Even if there is no valid will at the time of death, the estate will still go through the probate procedure. Since probate is regulated by state laws, there are specific procedures proscribed by each state for carrying out the process.
If you are the executor of an estate, contact an experienced probate attorney at Spellman & Kelly, LLC in Suffield, Connecticut to help you identify and carry out your estate administration duties.
Probating the Estate
Despite the variation in state laws, probating the estate generally includes the following functions:
- Petitioning the court to probate the will
- Sending notice to creditors, beneficiaries and any other interested parties
- Collecting, inventorying and appraising all estate assets
- Collecting any payments, debts and income due to the estate
- Paying any debts owed, and filing and paying local, state and federal taxes
- Distributing any remaining assets to beneficiaries in accordance with the terms of the will
Small Estates
Most states have a fast-track or simplified probate process for smaller estates that meet certain qualifications. Normally, this process doesn't require probating the estate before the probate court, but before an administrator, which can cut down on the time and cost of probate.
Disadvantages of Probate
Time and expense: Probating an estate can be time-consuming, taking anywhere from 6 months to 2 years to complete. Contests to the validity of the will can increase the duration of the process. Probate also can be expensive, with any probate costs and fees coming out of the estate's funds.
Lack of privacy: Probate matters are part of the public record, meaning anyone can find out the size, contents, and beneficiaries of the estate. This lack of privacy can cause tension between family members.
Intestacy
If someone dies without a will or the probate court determines the will of the decedent is invalid, that person is said to have died intestate. Each state has a set of default inheritance rules that apply in the absence of a will or other estate plan. These rules generally distribute property to the surviving spouse and children first, and then parents and other close family members. The only way to prevent the default rules from determining the distribution of assets is to have a valid will or trust in place before death.
An experienced estate administration attorney can help simplify the probate process for you. Contact Spellman & Kelly, LLC in Suffield, Connecticut for more information today.
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