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Jenkins Fenstermaker, PLLC

325 Eighth Street

Huntington, WV 25701-2225

Phone (304) 523-2100

Toll Free (866) 617-4736

By Anna Melissa Price Of Jenkins Fenstermaker, PLLC on 08/29/2017
An Estate Administration Lawyer in WV: Your Navigator of the Probate Process

The death of a loved one brings on a world of grief that can only be understood by those left behind. There is a flurry of personal emotions of fear, anger, guilt, sadness, and despair to cope with. And all while dealing with the confusing personal emotions of a great loss, one is also faced with dealing with the people around them, calling, sending cards, asking how you’re doing, curious about the events surrounding the final days, hearing “I’m sorry for your loss” over and over again. Wondering if you should be contacting an estate administration lawyer in WV to determine if or how you will have to go through the probate process is probably not what you want to be thinking about during such a difficult time. 

The Probate Process can be complicated, contact an Estate Administration Lawyer in WV to help.

Whether a person does have a Last Will and Testament upon their death or not, their estate will be handled through the probate process. The probate process can take much longer without a Last Will and Testament, it can be much more stressful for the heirs of an estate, and it will be more costly for those left behind to finalize the matter of the estate of a loved one. I discuss this and other important reasons why everybody needs an estate plan in another blog.

Probate: a process that an estate administration lawyer in WV can help with

“Probate is the legal process for which an Executor or Personal Representative can administer the estate of a deceased person, resolving all claims and distributing the deceased person’s property either with or without a will.” The probate process without a will can be much more complicated and take much longer to resolve the estate. 

Probate: No Last Will & Testament

Without the vital document of a Last Will and Testament in place before death, the probate process could be much more complicated and take a lot longer time to resolve than if a will was in place. There are a few extra steps an estate has to go through if the decedent did not have a will. 

The probate court will have to identify who all the possible heirs of the estate may be. 

The court will have to appoint an administrator or executor of the estate. This process can be easy if all the heirs of an estate agree on who that should be.

However, the lack of a Last Will and Testament means that the executor position could be contested or argued over for some time by the possible beneficiaries of the estate. “The heirs have 30 days to make their request known to the Probate Court of the designated Administrator.”

Hiring an estate administration lawyer in WV will help you to protect your rights as a descendant or heir of an estate. 

Probate: With a Last Will & Testament

If your loved one did have a Last Will & Testament in place at the time of their death, that document will have laid out who the estate administrator, or executor, will be, as well as the details of how the decedent wished for their estate to be distributed. 

While this key component makes the process a little bit easier, there are still some significant steps to be made before the estate is resolved completely. 

The estate must be appraised to determine its value. Any possible creditors must be notified of the probate proceedings. Estate taxes, if applicable, need to be assessed. All debts must be paid from the estate; the executor handles making these payments from the funds of the estate.

Here again, the probate process can be made much easier with the help of an estate administration lawyer in WV. We can make sure that the estate is resolved in the most time and cost efficient manner possible so those left behind can work through the grief of loss and spend time sharing stories and memories of your loved one instead of dealing with the stress of probate court. 

Allow me to help you with the administration of your loved one’s estate

There are no words that can be said to ease the pain from the loss of a loved one. I can, however, ease the difficulty of navigating the probate process to help resolve your loved one’s estate so that you can move through the grieving process with less stress. As an estate administration lawyer in in West Virginia (WV), Kentucky (KY), or Ohio (OH), I can navigate you through this difficult time. Contact me, Anna M. Price, directly by calling (866) 617-4736 or completing our firm's Contact form to discuss what to do after the loss of a loved one. I'll guide you through the probate process to make sure your loved one’s memories are honored through the resolution of the estate.