An estate can be settled judicially or extrajudicially. This happens when a remining estate is subject to division among surviving heirs, in case the decedent has departed. First, if there’s a will the estate will be divided through the will provided that the will was created voluntarily by the testator and during the creation of the will, he was of sound mind. Second, if there’s no will the estate will be pro-rated among the heirs.
However, problems arise when the heirs cannot agree as to how the estate will be divided. Whether your parents or loved ones have died testate or intestate, please do not hesitate to call us.
What to Expect in An Estate Settlement?
Estate settle can be testate or intestate. Testate proceedings will happen if there is a will while intestate proceedings can happen if the descedent died without will. Intestate proceeding can happen if there is no will. Consequently, the court will assign an estate administrator to ensure the property is properly dividing among the heirs.
In case of death of decedent, you need to determine whether or not there is will. If there is will, the executor of a will carries out the wishes of the departed and divide the estate according to the will. If the decedent left no will, the court may appoint an administrator upon the filing of a petition for the appointment of an administrator. The administrator will facilitate the division of the estate among the heirs according to the meets and bounds of the law.
If you need a lawyer to help you, feel free to contact Stafford Law Office, LLC.