We assist family members each step of the way through probate, which is the court-managed process of distributing the decedent’s assets and property to the decedent’s beneficiaries (or heirs, when there is no will). The probate of a will is called a testate probate, and the probate of a decedent’s estate when there is no will, is called an intestate probate. Mr. Camp represents personal representatives (executors) who were appointed in the decedent’s will, as well as those, who, because the decedent had no will, must be approved and appointed by the Court.
The personal representative, by law, must be represented by an attorney, and Mr. Camp knows how to represent, advise and assist personal representatives on a step-by-step basis throughout the administration of the probate estate. The personal representative has the responsibility to account for the assets and obligations of the decedent’s estate, and is held to a high standard of care in the fulfillment of his or her duties. The personal representative is also entitled to be reimbursed from the assets of the estate for all legitimate out-of-pocket expenses incurred in the fulfillment of those duties.
In some circumstances the probate estate may qualify for summary administration, which is a shorter probate proceeding in which the appointment of a personal representative is neither required nor necessary. Whether summary administration is a permitted or viable option will depend on the facts and circumstances of each individual case.
If the decedent had a properly drafted and funded living trust, probate may be unnecessary, so the successor trustee(s) will need to administer the distribution and the transfer of the decedent’s assets. Mr. Camp also represents successor trustees in the fulfillment of their fiduciary obligations and transfer of the decedent’s property to the beneficiaries of the trust.
Please call our office today at 352-369-0664.