The process of the administering the distribution of the estate of a deceased person is called probate. The estate is comprised of the property, belongings, cash and investments, automobiles, and anything else that belonged to the deceased.
When a person dies, the state will require that a probate be initiated to identify the proper heirs according to the state and federal law, and that all taxes, fees, liabilities, and assets be distributed to the proper parties.
There is a separate and distince probate court which adjudicates these procedures and will determine the validity of any wills or trusts that the deceased might have left behind. An administrator or executor is either named by the will or by the court depending upon circumstances. Many times the family will hire a probate lawyer http://alexanderatty.com to handle such duties.
The probate lawyer will be an attorney who has experience with the process of administrating a probate procedure and who will be able to help the family and guide them through the probate process.
Sometimes the will can be contested by various parties who might have evidence that the deceased has told them that they were to be included in various ways in the distribution of assets, and if that occurs, the court must ask for evidence to that effect. The result of a contested will is that it will be resolved by the court based upon evidence.
The process of the probate can take considerable time given the amount of assets and the complexity of the will or trust, as the case may be. The probate attorney may or may not be the attorney who drew up the documents in the first place, but he or she will be representing the family of the deceased, and most likely the spouse, if he or she is still surviving the deceased.