Insights Into How Our Legal System Works

Testate: Do You Need An Estate Administration Attorney?

15 September 2022 by Yolanda Lane

If your deceased loved one named or designated you the executor of their estate in their will, you may wonder if the estate must go through probate before you can distribute the contents of their will. Your loved one's will must go through a process called testate probate before you can execute or administer the contents of their will. Learn more about testate probate and what you need to do to administer the contents of your loved one's will below.

What's a Testate Probate?

The law refers to deceased individuals, or decedents, who leave behind valid wills as testate. When people pass away without a will, they become intestate. Both the estates of testate and intestate individuals must go through probate before their executors can administer them.  

Every state requires the estates of a decedent to undergo probate, or the distribution and administration of the individual's assets and belongings. The probate process for intestate individuals can be long and exhausting to complete. The law must ensure the individual's estate goes to the right heirs and creditors. However, the probate process for testate individuals tends to be much easier to complete.

A testate individual's will already contains an executor, or someone who can oversee the distribution and administration of the will's contents. The process of carrying out a will is called testate succession. The only thing an executor must do is petition the court for permission to carry out their loved one's last wishes. Once the individual receives permission to carry out their loved one's last wishes, they must obtain an attorney to help them do so. 

If you need assistance petitioning the court for permission to administer or distribute your loved one's will, contact an estate administration attorney today. 

How Do You Become Your Loved One's Administrator?

An estate administration attorney will most likely want to view the contents of your loved one's will before they agree to represent you. An attorney must ensure you're the rightful executor of your loved one's estate. If your loved one's will names you executor of their estate, a lawyer will help you petition the court for the right to carry out your loved one's last wishes. 

An attorney will also become the legal representative over your loved one's estate during probate. An attorney will ensure your loved one meets their obligations to creditors and other individuals they may owe. If a problem occurs during the probate process, an attorney will inform you immediately.

Learn more about probate and how to administer your loved one's will during probate by contacting an estate administration attorney.  

Share

Search