The Steps of Probate
An estate probate attorney Coeur d'Alene, ID families turn to such as Jim Bendell of Bendell Law Firm understands that the loss of a loved one can present many challenges. Bereavement requires time for grieving, planning a memorial or funeral, and often, probate court. Though navigating the legal system during this trying time may be especially difficult, help is available. The firm of Bendell Law Firm is available to help guide family members through estate planning and probate. Jim Bendell is intimately familiar with a variety of effective strategies used in estate planning. If you are about to enter the probate process, or have already started, we encourage you to contact the Bendell Law Firm for a free consultation.
The executor will be responsible for presenting the will to the court. If no will exists, usually a spouse or family member will request that the court appoint them as the executor. The executor functions as the representative for the estate.
The probate process will generally begin by filing a petition with the court to present the will or appoint an executor. It may be necessary to inform all heirs or beneficiaries of the court hearing. During that proceeding, they may raise objections during the hearing. Jim Bendell is an estate probate attorney Coeur d'Alene, ID
community members rely on to represent them in court.
Assets and Appraisal
After the executor is appointed, they will be responsible for contacting creditors that the deceased still is indebted to. The laws will vary depending on the state in which the deceased resided, however, usually the creditors will need to be formally notified in writing. Depending on the state, creditors will be given a set time limit, usually a few months, to make claims toward the deceased’s assets. Once the time limit expires, creditors will no longer be eligible to file claims. The executor will also have to perform a thorough inventory of all assets within the estate. In some cases, an appraiser may have to be hired to value the assets. When you hire an estate probate attorney Coeur d'Alene, ID residents choose, they can advise you as to whether or not you should hire an appraiser.
Once the creditors file claims against the assets, the executor is responsible for identifying valid claims and then must fulfil those obligations. If necessary, the executor may sell estate assets in order to pay off the debt. In most cases, funeral costs and associated taxes will also be taken from the estate as needed. Talk to a Coeur d'Alene, ID probate attorney about paying their fee out of the estate funds rather than out of your pocket.
Only after the debts are paid or the time limit elapses, and the assets are inventoried, can beneficiaries be awarded the assets in the will. The executor will petition the court for permission to distribute the assets as described in the last will and testament. If the deceased did not leave a will, the state’s laws regarding the allocation of the estate will take precedence. These laws are referred to as intestate succession laws, and they will provide guidelines for asset distribution. Clarification of this process can be provided by an estate probate attorney Coeur d'Alene, ID locals recommend such as Jim Bendell.
Help Is Available from a Probate Attorney in Coeur D'Alene, ID
Though there may be several steps to the probate process, it may be more manageable than you think. Our attorneys are here to help with your estate planning and probate needs. Call Jim Bendell of Bendell Law Firm at (208) 215-2255 to schedule a consultation with an estate probate attorney Coeur d'Alene, ID