Top Estate Planning and Probate Lawyer
Probate Overview
This is the legal process by which a court oversees the distribution of a deceased person’s estate to his or her legal beneficiaries or heirs. It ensures that the properties are properly distributed to the rightful people and that any arising disputes or conflicts may be prevented or resolved. Another purpose of this process is to make sure that the deceased debts and assets are properly settled.
The process can often be slow, complicated, and lengthy but it is necessary. It is also often this way to allow interested parties to learn of the death and make their claim. Having North Dakota probate lawyers or lawyer who understands the intricacies of each state’s law is invaluable.
With Josh Krieg, you can rest assured that you’re working with a knowledge expert. He is dedicated to helping you navigate the legal requirements of this process and ensure that the rights and interests of you and your loved ones are protected all throughout.
Probate and Estate Admission Process
The process varies from state to state. Generally, the process involves these following steps:
- Submit the death certificate: To start the process, the executor should submit the deceased’s death certificate to the local court.
- Submit the will: Alongside the death certificate, the executor should also submit the will. The court will then confirm if it’s valid or not.
- File for probate: Once the court validates the will, you can then file to start the process for distribution of estate.
- Receive authorization: If the petition is approved, then the executor can administer the estate.
- Contact beneficiaries or heirs: Once the process has started, it’s important to send notice to interested parties. If the deceased didn’t list any beneficiaries, state law will determine who will inherit the assets.
- Inventory of assets: This involves identifying any debts, bills, or taxes that need to be paid.
- Pay debts: To settle any debts, the executor will use funds from the person’s estate. All of the estate’s debts must be paid before the assets can be distributed to beneficiaries.
- Distribute assets: After settling the estate debts, the court will then approve the distribution of all remaining assets to the beneficiaries or heirs according to the deceased’s will.
- Close the estate: Once all steps are complete, the executor will petition the court to close out the estate which then ends the process.
Dying Intestate
This is the case where a person dies without a will. Despite that, the deceased’s estate still has to go through the same estate probate process.
A county court will use intestate succession laws to decide what happens to the estate. It will determine who gets the property and how to pay any estate debts left behind. It will also determine who will administer the estate.
Ancillary Probate
If the deceased owned property in a state other than where they lived at death, an ancillary proceeding may be necessary. This means that the probate personal representative will have to go to that state and go through the ancillary process there to transfer ownership to the appropriate beneficiaries and heirs. This applies to all tangible resources including cars and boats registered in other states.
How to Determine If You’ve Been Assigned as the Personal Legal Representative in Estate Admission
Many people will often decide on family members or close acquaintances to be their personal representatives when planning probate estate administration. Here is a guideline to help you confirm your role:
- Look for a will: The first thing you should do is look for the deceased’s will and see who he/she listed. If the deceased didn’t list anyone in the will, the court will appoint an executor to manage the distribution of the person’s estate.
- Check with the court: If you aren’t sure if there’s a will, you can check with the county probate court in the state where the deceased lived. They will have records and can check if a case has been opened for the deceased.
- Check with family members: Another way you can check for a will is to speak with other family members who may have information to help you determine if you’re the executor.
- Consult with probate, estate, and trust administration attorneys: If you have reason to believe that you are the one, it’s helpful to reach out to a reliable wills, probate, and estate planning lawyer or attorney who knows their way around business law estate planning and estate planning family law like Josh Krieg. They will help you navigate the complex process and guide you through your rights and responsibilities.
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Why You Need a Probate Process Lawyer
When you’re assigned as the personal representative for will distribution, it’s important that you have an expert like Josh Krieg by your side. Not only do you get the expertise of North Dakota attorneys but you also get a dedicated and knowledgeable partner who’ll help you defend your rights and properly execute your responsibilities. Here are a few other reasons why you may need a probate attorney:
- Faster resolution: Working with experts like Josh Krieg who have mastered North Dakota probate laws will get the process done in a prudent, efficient, and timely matter.
- Freedom from liability: There are many details in the process that can expose you to liabilities. Experts like Josh Krieg can perform these tasks more accurately and efficiently.
- Minimal disputes: Estate cases can trigger disputes that can often end up in litigation which is not only costly but can lengthen the entire process. Experts can minimize the chances of this by ensuring that the estate is properly distributed according to the will or the law.
- Time to connect with family: Instead of drowning yourself in papers about the estate, with someone like Josh Krieg by your side to handle those, you can have time with your family. You can have the peace to grieve or honor your lost loved one.
What Does an Estate Planning and Probate Attorney Do?
Here are the things experts in estate planning and the like such as Josh Krieg can help you with
- Completing and filing the necessary paperwork with the court
- Identifying and securing estate assets
- Obtaining appraisals for all the deceased’s properties
- Assisting the successor personal representative in paying bills and debts
- Determining if any estate or inheritance taxes are due
- Resolving tax issues
- Accompanying executor or personal representative in necessary court appearances
- Transferring assets from deceased person’s name to the appropriate beneficiaries or heirs
Addressing Mineral Rights
Because of how complex probate can be, some legal rights are often overlooked such as mineral rights ownership. When North Dakota mineral rights owners die, the interest payments should be included in the distribution of their estate. However, it is often not conveyed to the rightful beneficiaries and the mineral rights ownership is left in the deceased’s name.
If the deceased was receiving interest payments at their time of death, the oil and gas operator would also stop them until updated documentation regarding ownership is presented.
Even if the person’s mineral interest wasn’t producing, it’s still important to have updated records. First, it provides legal clarity for both current owners and potential buyers. Second, it becomes easier to track the transfer of ownership and prevent conflicts from arising. Third, it helps ensure that proper permissions are obtained and royalties are paid to the proper owners.
To ensure all this is properly followed, it’s best to work with a North Dakota mineral rights lawyer who knows the ins and outs of North Dakota mineral rights law.
Josh Krieg is one of the best mineral rights lawyers in the state. He can help you with North Dakota mineral rights deeds and North Dakota personal representative deed. He’ll also ensure that all aspects of your loved one’s mineral rights and its distribution to beneficiaries are properly taken care of.
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Talk to a Top Estate Planning Probate Lawyer Today!
Taking care of your loved one’s estate and ensuring that their will is followed to the very last dot is a daunting task. Hiring a commercial real estate law firm that works with tax, trusts, wills, probate, estate planning, and more will help lighten the burden.
From dealing with legal requirements and deadlines to managing conflicts between beneficiaries, the Law Office of Josh Krieg can provide the expertise you need to successfully administer your loved one’s estate.
We will guide you through the entire process, helping you avoid costly mistakes and ensuring that your loved one’s wishes are honored.
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