The probate process can be lengthy - and costly. If you are concerned that your estate will be bogged down in the probate process, you need to act now to keep your estate out of probate. Contact an attorney who knows probate and estate administration law to learn more about the best methods to keep your estate out of probate.
Experienced Estate Planning and Probate Lawyer in Portland
Attorney Philip A. Hingson has been practicing estate and elder law in Oregon since 1992, developing in-depth knowledge that benefits clients financially and an advanced ability to explain estate planning, probate, trust administration, and related issues in plain English clients can understand. From basic wills and soundly constructed powers of attorney and advance directives to complex trusts that account for tax planning and business interests, Phil Hingson is well equipped to understand your needs and present strategically sound, practical options
People across the economic spectrum are encouraged to contact us at The Hingson Law Firm PC for a productive consultation leading to confident decisions that protect their assets and families' interests.
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Frequently Asked Questions about Probate and Estate Administration
Q: 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.
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 experienced probate and estate administration attorney from Hingson Law Firm P.C. in Portland, Oregon, can help simplify this complicated process. If you need help in the administration of an estate, call Hingson Law Firm P.C. today.
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
Maintained by Cornell University Law School, this site identifies the states that have adopted, at least in part, the Uniform Probate Code. Links are also provided to each state's version of the code.
Executors
This page is maintained by the H.E.L.P. organization, and provides an overview of the executor's, personal representatives', and trustee's estate administration responsibilities.
The Probate Process
This American Bar Association resource provides general information on the probate process, including information on the costs, how long the process takes and what types of estates pass through probate.
Wills and Estates: The Probate Process
This American Bar Association resource provides general information on the probate process.
SmartMoney® Estate Planning
Provides information to consumers on the process of gathering information and documentation for estate planning.
