Probate is the legal process of distributing a deceased person’s assets following his or her death. An estate maybe testate (died with a will) or intestate (died without a will). A person who dies intestate, the estate requires probate for appointment of an administrator and actions to be performed under that appointment. A person who dies testate generally has a person or persons identified as personal representative(s) in the will. The personal representative has authority to administer duties set forth in the provisions of the will.

The Nelson Law Firm works as a facilitator to help the personal representative properly administer the estate that he or she is responsible for until closed. Probate administration for each case is unique and handled on a case-by-case basis. Most estates involve:

• Filing of a petition with the probate court
• Notice to heirs under the will or to statutory heirs (if no will exists)
• Petition to appoint personal representative (in the case of a will) or administrator for the estate
• Inventory of all probate assets
• Payment of estate bills and expenses (debts) to rightful creditors
• Sale of estate assets
• Payment of estate taxes, if applicable
• Final distribution of assets to heirs or beneficiaries
• Probate Avoidance

Depending on your individual situation, it may be appropriate to have the estate pass directly to heirs or beneficiaries, or own property jointly, to bypass the probate process. However, bypassing probate is not always the best course of action.

The following are examples of steps that may be taken to bypass probate:

• Name a Transfer on Death Beneficiary or Payment on Death Beneficiary, or Create a Revocable Living Trust
• Share property ownership:
  • Joint tenancy with right of survivorship (two or more people own title to the property)
  • Tenancy by the entirely (for married couples and in some states, same-sex couples)
  • Community property with right of survivorship (property obtained during the marriage, ​with exceptions. The District of Columbia is not a community property state, but an equitable distribution ​state)

Trust Administration

Trust administration involves the trustees’ management and distribution of trust property according to terms specified in the trust documents. The trustee manages the trust property for the benefit of the beneficiaries after the deceased person’s death. A trustee may be responsible for distributing all trust property immediately to beneficiaries or administering an ongoing trust – e.g., a trust for children.

The Nelson Law Firm can advise the trustee(s) or successor trustee(s) on the steps necessary to properly administer the trust. Please call the Nelson Law Firm at (202) 567-7110 and schedule a consultation.