How our Probate Lawyers in Sherwood Can Help You
If you have lost a loved one, our probate administration team in Sherwood is here to help. While grief is a personal experience for everyone, we can help ease the burden of managing the legal and financial aspects of probate and estate administration.
Probate is the legal process used to manage the distribution of property from a decedent to their heirs or beneficiaries. Administering a deceased estate can be a complex task. Even the best-prepared estate plans must be properly executed, and the estate administered according to the will and relevant state laws. With our vast knowledge in this area, our probate lawyers in Sherwood 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 Sherwood Probate Process?
Getting legal help with the probate process for Sherwood will ensure that correct laws are followed, and the estate can be administered and finalized as efficiently as possible. Different states have specific laws surrounding this process; however, the main steps are set out below.
Filing Documents in Court
The probate process typically begins with the personal representative named in a deceased’s will filing it with the relevant probate court for validation. The application will include a petition for the personal representative to be appointed an executor. 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.
Property belonging to the deceased is 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 and 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 beneficiaries 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.
McClelland Law Firm Sherwood can help ease some of this burden by managing the entire probate process and estate administration. We will file the correct documents with the court, prepare the inventory of assets, follow up on any requisitions and ensure legal deadlines are met. If they arise, we can help resolve 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.