Call us now at (201) 467-4180or use the form below.Frequently Asked Questions about Probate and Estate AdministrationQ: What is probate? A: In general, probate is the court procedure by which a will's validity is proved, assets collected, creditors paid and the remaining assets distributed to beneficiaries under the will. Q: What is a will contest? A: A will contest is a legal action that challenges the validity of a will and/or the terms of the will. Will contests typically involve allegations that a will was inadequately executed, invalidated by a later will or was the result of forgery or undue influence. |
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A will contest can result in a significant delay in the distribution of a loved one's assets, and can also be expensive. The costs of will contest are paid out of the estate, which may significantly deplete the available funds. If you are concerned that a will may be subject to a will contest, contact an experienced probate and estate administration attorney right away. |
Kearny Probate Help Attorneys
Probate Court Lawyers
When someone dies without a legal will, the probate court decides how to distribute his or her assets. Do you need legal assistance dealing with a probate court action? We can help. The attorneys of McCurrie McCurrie & McCurrie have represented the interests of residents of northeastern New Jersey for more than 45 years. We'd like to help you, too.
To learn more about probate law, please review the general information below and visit our probate and estate administration practice area page. To discuss your probate issue, please contact a probate attorney at our firm today.
Probate and Estate Administration - An Overview
Estate administration refers to the process of probating the estate of a decedent, which generally includes collecting, inventorying and appraising assets; paying and collecting debts; filing and paying estate taxes; and distributing any remaining assets to beneficiaries. An attorney experienced in probate and estate administration can help simplify this complicated process. If you need help in the administration of an estate, contact our firm today to schedule a consultation with a probate attorney.
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 prescribed by each state for carrying out the process.
Role of the Executor
An executor is the person named by the creator of the will (the testator) to carry out the terms and provisions of the will. In addition to locating important documents and notifying Social Security, pension providers, annuity providers and other entities of the death, the executor has numerous other legal responsibilities.
Avoiding Probate
Assets disposed of outside the probate process are part of the non-probate estate. Because a probate proceeding is not required, these assets are distributed more quickly to the appropriate beneficiaries. Many people seek out these assets and ownership models to save their loved ones from the difficulties associated with going through probate.
Will Contests
The fact that a person leaves a will does not guarantee that her or his property will be distributed according to the will's terms. A court generally must provide an opportunity to allow others to object to the will, and a legal challenge, called a will contest, may be brought by anyone with an interest in the will who believes it is invalid.
Probate and Estate Administration Resource Links
Uniform Probate Code Locator
Executors
The Probate Process
Wills and Estates: The Probate Process
SmartMoney® Estate Planning
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