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Probate and Trust Administration

What Is Probate?

Probate is the court supervised process through which a deceased person’s estate is distributed to heirs and designated beneficiaries. An estate includes all real and personal property owned by a deceased person. The distribution of an estate is done according to the deceased person’s will, if they had one. If not, the estate is divided among the nearest heirs of the deceased person according to state law (e.g. surviving spouse, or children). The probate process is required for any estate that includes real property (real estate) or personal property valuing more than $100,000.

 

The probate process may include the following: the gathering and selling of assets, notifying heirs of distributions, paying creditors and taxes, petitioning the court to close the estate, and distributing real and personal property to a deceased person’s designated beneficiaries. Even a small estate can have complex problems, so the probate process is best handled by our team of experienced attorneys.

 

Can probate be avoided? Yes! McCullough can design an estate plan which carries out your desired inheritance plan AND avoids the need for probate.

What Is Trust Administration?

Some people may choose to establish a trust as a central part of their estate. This ensures that the execution of their estate will avoid legal supervision altogether. Because this is usually a more accelerated process than probate, it is often a much more private and cost-effective option. We’re here to work with you to make sure your estate and trust is set up with such care and efficiency that the administration becomes as smooth and swift as possible.

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