Comprehensive And Experienced Legal Help With A Loved One’s Estate
Besides the grief of losing a loved one, you may have to address the legal requirements of addressing your loved one’s financial affairs. Distributing your loved one’s assets according to their final wishes is an important way of honoring their memory. However, most people have little or no experience addressing these issues, which in Alaska are dealt with under “probate law.”
At Baxter Bruce & Sullivan P.C., we have guided individuals through the probate process since 1977 with compassionate assistance and comprehensive advice. Our team of attorneys will work with you to determine your rights and interests with respect to your loved one’s estate. Whatever your probate-related issue or responsibility is, we have the experience to help.
Personalized And Careful Guidance Through The Legal Maze Of Probate And Trust Administration
Whether your loved one had a Last Will and Testament or not, we can assist you. With our experience in probate administration, we have the skills necessary to address a wide array of issues. Our probate practice provides comprehensive legal service in the settlement of your loved one’s estate. We can assist you with probating a will, and if your loved one died without a will, help you navigate the resultant intestate process. Our lawyers can help you address issues such as debts, court filings, and distributing assets to the beneficiaries. We also counsel those involved in trust administration including maintaining and distributing the trust’s assets according to its terms and in the best interests of the beneficiaries.
Experienced legal guidance can be enormously valuable and can even help reduce the chances of a lawsuit. However, if a dispute regarding trust or estate administration does arise, we can help you assess the best course of action. The holistic and compassionate legal assistance provided by our staff and attorneys includes, but is not limited to, addressing testamentary capacity, the validity of your loved one’s Last Will and Testament, and distribution of assets to minor heirs and beneficiaries.
What Is Probate, And When Is It Necessary?
Probate is a process during the administration of a deceased person’s estate. This process is necessary to ensure a deceased person’s will is carried out and any property in the estate is legally transferred to the new owners.
The administration of the decedent’s estate is carried out by the executor. The executor fulfills several responsibilities during the probate process to help ensure that an estate is settled and assets are distributed to beneficiaries.
The responsibilities of the executor include:
- Submitting a valid will to the probate court
- Locating the decedent’s property
- Resolving outstanding debts or taxes
- Distributing assets to beneficiaries
Probate is necessary whenever someone dies – with or without a will – owning assets solely in their name that do not otherwise automatically transfer to others through beneficiary designations or other means. In Alaska, small estates (generally valued at under $50,000) may qualify for a simplified probate process.
How Long Does The Probate Process Usually Take?
The length of the probate process usually depends on a few factors, including the size of an estate, the presence of a valid will and the cooperation of all interested parties. Larger estates often take months to over a year to administer because there are more assets, debts, liabilities and beneficiaries involved.
If there are legal disputes over the estate, such as a challenge to the will or the administration of the estate, the process can be even longer.
Can Probate Be Avoided?
Yes. There are several ways to avoid probate. A combination of beneficiary designations, trusts and other estate planning measures can avoid probate by distributing assets directly to beneficiaries. When an estate’s value is less than $50,000, Alaska courts may allow for summary probate, which can skip the typical probate process.
What Is The Difference Between Testate And Intestate?
Testate means a person died with a valid will. A will details the deceased’s last wishes, including who should benefit from the estate. The last wishes in a will are carried out by an executor during the probate process, which allows the executor to distribute assets to listed beneficiaries.
When someone dies without a valid will, they have died “intestate.” As a result, an estate is distributed by an administrator according to Alaska’s intestate succession laws. Intestate succession determines who should receive assets from the deceased’s estate. Instead of beneficiaries, heirs may be entitled to the deceased’s assets. An heir can include a surviving spouse, children, grandchildren or siblings.
Your Partners In Probate and Trust Administration Law
Let us guide you through your probate or trust administration matters as we have since 1977. Schedule an initial consultation by calling Baxter Bruce & Sullivan P.C. and speak with one of our experienced staff members at 907-789-3166. You can also email us.