Probate Services You Can Trust
JacksonWhite Law offers a full range of estate and probate services, including estate planning and estate and trust litigation for both for informal and formal probate processes, as well as various types of will contests and litigation.
Informal probate has very little court intervention, and due to this, it is quicker and more cost-effective than formal probate. During informal probate, the court will appoint the executor listed in the will, and they will be in charge of managing and distributing the deceased’s estate. Once the executor is named, they may disperse the assets according to the will. Since the will is not contested, the court’s only involvement is to designate the executor and to sign off on the transfer of significant assets requiring court orders.
When a person dies without a will in place or the will is being contested, their estate is sent to formal probate, where a judge will oversee the matter. When the estate is brought into formal probate, the parties contesting the will have the opportunity to argue in court whether the will is valid or not.
A common misconception with trusts is that once they are formed, nothing else needs to be done to protect and oversee the assets in them. While creating a trust protects assets and sets them up to be easily transferred, the assets must be looked after. Trustees play a vital administrative role throughout the life of the trust as they ensure the assets are in good condition and act as the fiduciary.
If a will does not follow all of the state guidelines, it may be contested and thrown out. In addition to simple clerical errors, it is also common for more complex issues to arise regarding the validity of a will being used to disperse assets.
Meet JacksonWhite Law
We are a full-service law firm focused on serving our clients.
Our probate team, led by attorney Ryan Hodges, can help you protect your assets and counsel you as to the best way to handle the transfer of assets after a loved one’s passing. If you have probate questions, call us today at (480) 467-4365.