WHAT IS PROBATE?

Probate is the legal court procedure in which a deceased person's individual property passes to others after his or her death. Probate is generally necessary if the person died with a will, or if he or she died intestate (without a will).

If the decedent left a will naming an executor, the executor usually retains an attorney to start a probate proceeding on his or her behalf. The executor is the attorney's client, and although the executor represents the interests of the estate and has a fiduciary duty to fulfill the decedent's wishes and to act in the best interests of the beneficiaries, the attorney who represents the executor does not also represent the interests of the beneficiaries. If the decedent died intestate, the term "administrator" is used in place of "executor."

If you are a named executor or interested party to a potential probate proceeding and need legal advice and representation, Nicolai Law Firm can help.

Information contained in this Memo is intended for informational and educational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney. It is likely considered advertising.