Estate Settlement

Estate Settlement

Management of assets and debts of deceased loved ones 

Estate settlement means managing our loved one's affairs after their death and can be one of the most challenging aspects of dealing with the loss of a family member. That is why planning ahead can be helpful. Having as much information as possible beforehand will let you and your family be aware of all the paperwork you may need in the future. 


You must know there are usually two scenarios here: one where your person left a will and one where there is no legal document with their last wishes. For both cases, you may need the assistance of a professional. But let's go more in-depth with these concepts.

Death of a Loved

one With a Will

If your case is the first one, where your person did leave legal proof of their last wishes, you may need to know that a probate process is necessary to go further with the distribution of assets and the resolution of debt.


Probate: is the official proof of a will. The probate process is intended to establish the legal validity of a will. Still, it involves much more than merely confirming that the signed, witnessed, and registered copy of a will is authentic.

The Probate Process

In addition to proving in a court of law that the deceased individual's will is valid, probate also declares the probate process also involves:

 

  • Identifying and inventorying the deceased's personal and real property
  • Having the property appraised
  • Paying debts and taxes
  • Distributing the remaining property as the will (or if there is no will, then state law) directs

 

What Happens

When There is No Will?

When there is no will to check, it's called intestate. It refers to someone dying without leaving a dated, signed, and adequately witnessed legal document with their last wishes. The court decides who should receive the deceased's assets. 

 

It won't matter what your family relationships were like; the state will award property and cash to the survivors based solely on their legal relationship with the deceased. 


Generally, only spouses, common-law spouses, and blood relatives inherit under intestate succession laws. Leaving legal documents where you state your last wishes is a way to care for your loved ones. 

Looking for legal advice

Losing a loved one is an overwhelming experience. When you add estate settlement issues, the months following the loss can be much more than we can handle. That's when it might be helpful to hire an attorney.


Suppose you have the services of an experienced estate lawyer at your disposal. In that case, there can be even less worry and strife. When faced with this situation, it's best to turn to the experts in estate settlement. As always, we recommend you have all the information to decide based on the data. Please don't hesitate to contact us if you need more guidance about this or other funeral services matters. We will be glad to help. 

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