When an individual passes away, his or her assets must be transferred to surviving individuals. This process is known as probate and is supervised by the court. First, the will must be validated before any property may be distributed. In the event no will is available, the process continues, and the court may end up deciding how assets are distributed. This process works to protect the rights of the heirs and other beneficiaries, as well as other entities that have an interest in the estate. A Probate Lawyer in Beaver Dam WI can be of great help at every stage of the process.
A personal representative, often referred to as an executor, is named in the will and he or she is responsible for overseeing the probate process. This may be a family member, friend or any person of the individual will writer’s choosing. In the event one is not named, the court will appoint this person. The personal representative identifies the assets named in the will and collects them. He or she determines the rights of the surviving spouse as outlined by state law and pays any debts of the estate. Furthermore, he or she is responsible for distributing assets as outlined by state law.
In the event there is a dispute concerning the will, formal administration must be used. This process is presided over by a judge. Informal administration, in contrast, is supervised by a county register and costs less. In most cases, informal administration may be carried out by mail, although certain counties do require the personal representative be present in court for the first hearing. Any person charged with this task must be aware of the similarities and differences between the processes.
A Probate Lawyer in Beaver Dam WI provides legal advice regarding the process. When formal probate proceedings are held, the lawyer serves as a personal representative for the estate. In the event the proceedings are informal, an attorney isn’t required, but is recommended. QBS Law S.C. works with individuals moving through the probate process. Visit the Website to learn more about their services and how they work with anyone dealing with this legal matter. They are ready and available to help.
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