How our Probate Lawyers in Searcy 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.
Even the best-prepared estate plans must be properly executed to ensure the estate is administered according to the deceased’s wishes and the relevant state laws. This is where our experienced probate lawyers in Searcy can help. With vast knowledge in this area, we 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 Searcy Probate Process?
Probate is the legal process used to manage the distribution of property from a decedent to their heirs or beneficiaries. Getting legal help with the probate process for Searcy will ensure that correct laws are followed, and the estate can be administered and finalized as efficiently as possible.
While each state has specific laws surrounding probate, the key steps typically include:
Filing Court Documents
The process begins by filing the deceased’s will to be validated, and petitioning the relevant probate court to appoint a personal representative/executor (usually named in the will). If there is no will, heirs must petition the court to be appointed administrator and the court will follow the relevant state law to distribute the estate.
The deceased’s assets are identified and listed in an inventory which is also filed with the court. Relevant parties such as beneficiaries, heirs, and creditors must be notified of the application. Any claims against the estate will need to be made within a specified time.
Paying Bills and Taxes and Distributing Assets
After addressing debts and taxes, and resolving any claims (if relevant), the personal representative distributes the remaining assets to the rightful heirs as per the will, or state law if there is no will. Detailed records must be maintained, which may need to be submitted to the court.
Filing Tax Returns
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
The steps outlined above provide a very simplistic overview of what is involved in administering an estate – 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 Searcy can address the legal burden of estate administration and therefore ease some of the emotional strain for the family of a decedent. We can provide invaluable guidance, ensuring that the correct documents are filed with the court, assets are accurately inventoried, and 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.