How our Probate Lawyers in Benton Can Help You
If you are the personal representative/executor named in the last will of a decedent, you will be responsible for dealing with that person’s estate. In the absence of a valid last will, things can be more complex and generally a family member or heir will take on that role.
Getting legal help with the estate administration and probate process for Benton will ensure that correct laws are followed, and the estate can be finalized as efficiently as possible. Our experienced probate lawyers in Benton have vast knowledge in this area and can provide expert legal advice and compassionate guidance. We will explain your role as a personal representative and can assist with probate, trust, and estate administration, to help you and your family through this challenging time.
What is the Benton Probate Process?
Probate is the legal process used to manage the distribution of property from a decedent to their heirs or beneficiaries. Probate laws vary between different states. The process, however, generally, starts by filing the deceased’s will in the appropriate probate court for validation along with a petition (application) for the appointment of a personal representative or executor as noted in the will. If there is no will, the heirs of the deceased need to ask the court to appoint an administrator and the distribution of the estate will be conducted according to the relevant state law.
The deceased’s assets are listed in an inventory filed with the court and all interested parties (i.e., beneficiaries, heirs, and creditors) must be notified of the application. Any claims against the estate need to be brought within a stipulated timeframe.
Once the debts and taxes have been addressed, and all claims, if any, are resolved, the personal representative can start distributing the remaining assets. These are given to the rightful heirs as stated in the will or based on state law if a will does not exist. The representative needs to ensure that detailed records are kept throughout, as these may need to be submitted to the court.
A final income tax return for the decedent must be filed as well as an income tax return for the estate if the estate holds any assets and earns interest or dividends.
Work with an Experienced Probate Attorney
While good estate planning can make things easier for those left behind, people’s property matters can be complex and not everyone has their affairs in order when they pass. Working through the legal process is also especially difficult if you are grieving the loss of a loved one.
Working with a probate attorney in Benton can help ease the complexity and emotional strain of the probate process. We can provide invaluable guidance, ensuring that the correct documents are filed with the court, assets are accurately inventoried, and all legal deadlines are met. We can also help to resolve any disputes among beneficiaries or between beneficiaries and creditors. Finally, we can ensure the estate is distributed efficiently, and according to law, minimizing the risk of personal liability for executors and administrators.
At McClelland Law Firm, we believe that limiting our practice areas provides the greatest value to our clients. To us, value means providing exceptional service and efficient processes for each of our practice areas.
We are committed to compassionate representations, especially as it relates to elder law. No one should feel pressured, controlled, or “talked down” to in any meeting. Every client deserves to be heard and understood.
McClelland Law Firm, P.A. is here to help you and your loved ones understand probate and trust administration, estate planning, Medicaid planning, crisis planning, guardianship, and elder law. Our Benton, Sherwood, and Searcy law offices welcome you to contact us and learn how we can help meet your elder law legal matters in White, Pulaski, and Saline County, and throughout Arkansas.