When to Hire a Probate Lawyer in Bel Air, MD
A probate lawyer in Bel Air, MD isn’t required, yet there are certain situations when it is advisable to have one. First, the will must be validated and then its terms must be executed; each step may involve the filing of administrative paperwork, or litigation may be involved. One thing to consider when determining if legal assistance is needed would be the complexity of the estate. The more involved the probate process is, the more likely it is that an attorney will be required.
The first step in the process will be to file the will. Anyone who is a beneficiary of the decedent or has been named their personal representative may take this step. In most cases, this involves filling out a petition form. Certain states allow the probate clerk to assist in the filling out of this form, but others won’t allow the clerk to assist in this matter. In these states, it is best to hire an attorney.
After the will has been filed, it must be proven, if there are no questions regarding its validity. Certain states allow for self-proving wills, which are nothing more than wills that are filed in conjunction with a notarized affidavit. The problem is that there may be some disagreement as to whether the will is legally sufficient. Certain criteria must be met, under the Uniform Probate Code, for the will to be sufficient; this pertains to the content and form of the will along with the witnesses. In addition, if more than one will is found, the most recent is usually accepted, but this can be disputed and it’s best to seek legal advice.
Administration of the will is the final step and involves carrying out the wishes of the deceased. If no personal representative is named, the court appoints one. Once this has been done, the assets and liabilities must be recorded, beneficiaries identified and notified and debts paid. Only then may assets be distributed. Tax returns must also be filed at this time.
If legal advice is needed at any stage of the process, it’s best to call on a probate lawyer in Bel Air, MD. It can be very confusing for those who have never taken it on before, and an attorney will be of great assistance in navigating probate for all involved.
