When a person dies, his or her assets will be distributed through a process called probate (also known as estate administration). Any beneficiary or creditor can initiate probate, but it is typically the person who has been named in the will as personal representative who begins the process. If the decedent did not have a will, a close relative will file a petition for administration.
O'Brien Law Firm, LLC, is located in Southaven and represents individuals and families in Mississippi and Tennessee throughout the Greater Memphis area. If you have been named a personal representative or executor, or if a loved one died without a will, talk to our attorneys about your next steps. We offer free initial consultations and can be reached at our toll-free number: 866-504-5969.
Dying With Or Without A Will Affects The Probate Process
When a person dies without a will, he or she will be considered to have died intestate, and property will be distributed according to state law. Often, the surviving spouse will get half of the estate, and any children will inherit the other half. If a person dies without a will and without heirs, all property will be turned over to the state.
When a person has an estate plan and therefore a will, he or she has designated an individual as personal representative or executor. A lawyer from our firm can assist you with the various steps involved with the personal representative duties, which include:
- Filing the will in probate court
- Collecting the decedent's assets
- Paying the decedent's debts
- Paying the estate taxes, if applicable
- Distributing or transferring property to heirs and beneficiaries
Whether your loved one died with or without a will, our attorneys can ensure that you meet all responsibilities in an accurate and timely fashion. We can help you finalize the affairs of the estate, handle any disputes that may arise and protect your best interests throughout the various stages.
Appointed Executor Of An Estate? Talk To Us In A Free Consultation.
O'Brien Law Firm, LLC, can guide you through probate to ensure that the final affairs of an estate are handled appropriately. Schedule your free consultation by calling us locally at 662-655-1012 or toll free at 866-504-5969, or by contacting us online. We can meet with you Monday through Friday during regular business hours. Weekend and evening appointments are available by request and initial deposit.