Probate Law Attorney in Canton, Ohio
Confused by The Probate Process?
Hire a Competent Probate Attorney in Canton, OH
Dealing with a death in the family while also trying to navigate the probate process can be doubly stressful. That’s where A. James Tsangeos, Attorney at Law, LLC comes in. Attorney A. James Tsangeos is committed to providing compassionate probate law assistance to clients in the Canton, OH area.
Attorney Tsangeos will fully inform you about the process of probating your loved one’s estate. Focus on grieving for your relative, not on the tedious details of administering their estate. Leave those matters to a well-qualified probate attorney.
Count on A Seasoned Probate Attorney to Meet Your Legal Needs
When you need help probating a will, turn to A. James Tsangeos, Attorney at Law, LLC. Attorney Tsangeos has been practicing law since 1985. He’s worked hard to become the probate attorney of choice in Canton, OH.
Schedule a free consultation with A. James Tsangeos, Attorney at Law, LLC as soon as possible.
Meaning and Steps involved in a Probate process
When an individual dies, probate creates a process of administering the dead person’s estate. This involves gathering their resources and distributing them as inheritance after paying taxes and debts. Here, we discuss what probate means, how it works, and the steps involved in the probate process.
What is Probate?
Probate is a court-supervised procedure that validates an individual's Will and authorizes the designated executor to distribute the property and belongings. In the absence of a Will, it is the court's responsibility to appoint someone to represent the individual's estate. When estates are adequately planned, there may be no need to go through the probate process.
How Does Probate Work?
The probate process involves examining and distributing the assets belonging to a deceased person's estate. A probate court often examines the assets of a deceased property owner. The ultimate decision regarding the division and distribution of assets to beneficiaries is made by this court.
Steps Involved in a Probate Process
The following are primary steps to probating a will:
Submitting Paperwork to the Probate Court
The clerk of courts in the state where the deceased person resided will receive paperwork such as the Petition for Probate of Will and state-specific forms related to the appointment of the executor. This officially starts the procedure. The executor files the will to specify who will receive the assets. The court will evaluate the will's legality and decide. A probate bond may occasionally be stipulated in a will or required by state law or the probate court.
Choosing Someone to Execute the Probate
When there is a Will, the person you designate as executor is formally appointed by the court. After that, the executor manages the procedure and closes out your estate. In the absence of a Will, the court will choose the personal representative. Typically, this would be your nearest relative. A Personal Representative performs all the duties of an Executor.
Assessing Assets and Debts
The executor or personal representative must list all the estate's assets, disclose them, and provide an estimate of their value once the court has appointed them. Assets may include real estate, vehicles, investments, bank accounts, cash, and personal items. Assessing and valuing these assets helps to determine if there are enough possessions to cover their debts and ongoing expenses such as mortgage payments on a home.
Posting a Bond
Beneficiaries are shielded from potential mistakes that an Executor or Personal Representative could make during the probate process by posting a bond.
The assets of the estate are usually used to settle all debts owed. In addition to pre-existing obligations like loans, mortgages, utility bills, and credit card debt, the estate must file a final tax return and pay any taxes owed.
Distribution of Assets
If there is a will, the executor or personal representative distributes the remaining assets according to the testator's wishes; if there isn't, the assets are distributed by state intestacy laws.