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Garrison Law Group, LCC

Taking Care of Legal Matters for Families and Small Businesses

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Probate and Trust Administration 


Probate and trust administration are processes used to legally transfer the assets of a deceased person to others, including heirs and intended beneficiaries. The probate court may also be used to:

  • Clear title to real property and investment accounts
  • Collect debts owed to the deceased person
  • Resolve inheritance disputes between heirs, beneficiaries, and creditors

 

During probate, a Petition is filed with the court asking the court to appoint a Personal Representative. The Personal Representative will be required to file with the court the following information:

  • A list of all the deceased person's heirs and intended beneficiaries
  • A list of all the deceased person's assets and debts with the value of each

 

The Personal Representative is required to provide a notice to all known persons who may possibly be interested in the estate, and to further publish a notice to creditors in a local newspaper. The Personal Representative is responsible for paying the decedent's creditors, and filing all necessary tax returns. After receiving permission from the court, the Personal Representative then distributes the assets of the estate to the proper parties. The Personal Representative's attorney's fees are paid at the conclusion of the probate from the assets of the estate.