If a deceased person does not leave a will or living will, probate must be followed. This is also true when a will is left but assets exceed the small estate threshold in the state. This process can be quite time-consuming. That is why you need to contact a law firm that understands how to handle the steps in a fairly quick manner.
Filing the Will in the Court System
A probate attorney in Vinton, IA has the experience and know-how to follow the steps needed for success. For example, when a will is left, it must be filed in the district court in the county where the will creator lived. The will must be filed in a certain timeframe with the Clerk of Court’s office.
The Petition for Probate: Why it Must Be Filed as Well
Along with the will, a probate attorney must file a petition for probate. This document is used to request the appointment of an executor for the will. If the decedent did not leave a will, the court will appoint a personal representative for the estate. Notice is given to the beneficiaries and heirs as required by law.
Publishing a Notice
After the petition for probate has been filed, the probate attorney ensures that a notice is published publicly in a local newspaper. This notice notifies creditors of the filing. Creditors must respond within four months after the notice is issued.
Filing an Inventory of Assets
Once these steps are completed, the court issues “letters of testamentary” to the personal representative or named executor. This gives these people the legal right to act on behalf of the decedent’s estate. Next, an inventory of the estate’s assets is filed with the court.
Arrange for a Legal Consultation Today
As you can see, this lengthy process is one that takes the knowledge of a legal representative. You can get this type of legal help when you contact a firm such as Kollmorgen, Schlue & Zahradnik, P.C. Take time now to review the legal services and make an appointment for a one-on-one consultation. You can also connect them on Facebook.
