"Southern New England's Certified Elder Law Attorney"
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401-724-9400 - Main Office
860-440-7600 - CT Office
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Passing Without a Will
Southern New England's Certified Elder Law Attorney
Rhode Island, Connecticut, and Massachusetts
Probate and Decedent Estate
The loss of a beloved family member can bring about a cascade of emotions and challenges that often feel overwhelming. As you navigate through this painful time, the heartache of grief intertwines with pressing practical matters that require your attention. It’s normal to feel lost and uncertain while confronting the legal and financial complexities of managing an estate.
As you and your family face these difficult realities, it’s common to grapple with concerns about probate. It may seem like an intimidating maze, with fears of a lengthy and expensive process that could overshadow the true needs of the estate and its loved ones. These worries can add additional stress to an already heavy burden.
However, it’s important to remember that although the probate system can appear complicated, resources are available to help guide you through it. By seeking the support of compassionate professionals who understand the intricacies of this process, you can find clarity and assistance. At Connelly Law, we can help ensure that everything is handled in a way that respects the wishes of your departed loved one and tends to the needs of those left behind.
You’re not alone in this journey—there is help and hope in navigating the path ahead. Many clients tell us they could only deal with their loss after the legal and financial issues were resolved. Our team at Connelly Law, your Rhode Island, Connecticut, and Massachusetts elder law attorney, has the experience and expertise to help those in need of probate navigate the process in the most efficient way possible.
What is Probate?
Probate is the legal process that happens when someone passes away, which involves ensuring their will is valid and taking care of their belongings. If the person didn’t leave a will, their assets will be divided according to the laws of the state. The main goal of probate is to distribute the deceased person's possessions to their family members, friends, or organizations they wanted to inherit from them.
When someone names an executor in their will (the person in charge of managing their estate), or if the court selects an administrator, there are several steps they must follow to handle everything properly. Our team at Connelly Law, your trusted Certified Elder Law Attorney in Southern New England, is here to help guide you through the probate process with the experience and support you need. Below is a typical probate timeline:
1. The Petition is Filed
The first step in the probate process is to file a petition in the court located in the county where the deceased individual resided. This involves submitting essential documents, including the original will, the death certificate, and any other necessary paperwork.
2. An Executor/Administrator is Appointed
Once a petition is submitted, the court carefully examines the accompanying documents. If all requirements are met, the court proceeds to appoint the executor specified in the will. In cases where there is no will or if the designated executor is unable to fulfill their duties, the court will appoint an administrator.
3. The Will is Validated
In the process of validating a will, the court assesses whether it satisfies the necessary legal requirements. This evaluation may involve a hearing, especially in cases where the will's authenticity is challenged. All individuals named as beneficiaries, along with any potential heirs, are provided the chance to contest the will if they choose to do so.
4. The Assets are Appraised
The executor or administrator has the important duty of identifying and appraising the assets of the deceased. This process can often take several months, particularly if the estate contains a variety of complex assets, such as real estate, investments, or business interests.
5. Outstanding Creditors and Taxes are Paid
The executor or administrator is responsible for settling any outstanding obligations of the estate, which include medical bills, credit card debts, and loans, alongside any estate and income taxes that are due. This process can be quite lengthy, especially if it requires filing tax returns that need to be reviewed and approved by the IRS and state tax authorities.
6. Remaining Assets are Distributed
Following the settlement of all debts, taxes, and expenses, the executor or administrator proceeds to distribute the remaining assets to the beneficiaries as specified in the will or in accordance with state intestacy laws in the absence of a will. This process entails the preparation and submission of a final accounting to the court for review.
7. The Estate is Closed
Once the final distribution of assets has been completed, the executor or administrator will submit a petition to the court to close the estate. The court then examines the final accounting of the estate. If all aspects are found to be in compliance and satisfactory, the court will issue an order to officially close the estate. This marks the conclusion of the probate process.
How Long Does Probate Take?
The probate process can be confusing and often takes time -- sometimes just a few days -- but in more complicated situations, it can take months or even years. Unfortunately, there isn’t a quick fix to speed things up, except if the person who passed away sets up a special trust beforehand. If that trust was properly managed, it may help the beneficiaries avoid going through probate altogether.
Even if it’s impossible to skip probate or make it much faster, working with an experienced probate lawyer can help. Connelly Law knows how to keep everything organized, making sure all the necessary paperwork and legal steps are handled correctly. We can take care of communication with the court and explain what’s happening in a way that’s easy to understand. Having someone knowledgeable on your side can make a tough time a little easier.
Passing Without a Will
If someone you care about has passed away without leaving a will, the state will determine how their belongings are shared. Each state has laws that outline who gets what when there is no will, known as intestate succession laws. These laws are strict and follow a predetermined order. It's also important to note that these laws might not apply to everything your loved one owned. Only the items that would have been included in a will and went through a legal process called probate will be divided according to these intestate laws.
Probate vs Administration
When someone passes away, their belongings and money, referred to as their estate, need to be managed and distributed, with the two main processes being probate and administration. As described earlier, probate occurs when the deceased has a valid will that specifies how their estate should be divided. During this process, a court confirms the will's legitimacy. It appoints an executor to manage the estate, including valuing assets, paying debts and taxes, and distributing the remaining assets to beneficiaries.
Administration takes place when there is no valid will, or if the will does not name an executor. In this scenario, the court appoints an administrator to handle the estate according to state laws, which involves similar responsibilities as an executor. The key difference is that probate follows the wishes outlined in a will, while administration adheres to state laws. Understanding these processes can help in navigating the management of an estate after a person's passing.
Find Legal Guidance When You Need It Most
The passing of a loved one presents a profoundly stressful and painful experience for any family. In navigating the probate process following such a loss, having a law firm that combines compassion with a vigorous approach is essential. Whether your inquiries pertain to real estate transactions, estate administration, or the intricacies of probate law, our experienced and knowledgeable probate team can provide guidance and address your concerns throughout this process. Importantly, we advocate on your behalf concerning the property and assets of the deceased.
Call us today at 401-724-9400 to schedule a consultation with Attorney RJ Connelly III, who possesses decades of expertise in probate matters and all aspects of elder law across Rhode Island, Connecticut, and Massachusetts. Do not allow the complexities of probate law and insufficient legal representation to exacerbate an already challenging time. Reach out to our team of professionals today.
"Our firm offers decades of experience in probate and decedent estates and will explain the estate administration process and estimate the fees and costs if you decide to retain us. We will also assist in transferring any assets that do not require probate. At Connelly Law, we offer compassion and understanding at this most difficult time while acting in an efficient manner in navigating the probate process. Our goal is to help you to handle all the estate's business quickly and completely. Call Connelly Law today, your Southern New England Elder Law Attorney."
---- RJ Connelly III
Contact Us!
"Southern New England's Certified Elder Law Attorney"
Call Connelly Law Today
Rhode Island Elder Law Attorney
Phone: 401-724-9400
Fax: 401-724-3046
Our office locations
Connecticut
Connecticut office appointments are not available until further notice. Please contact our Pawtucket Office to schedule an appointment at
401-724-9400. Thank you.
Rhode Island - Main Office
372 Broadway
Pawtucket, RI 02860
401-724-9400
Massachusetts
Martha's Vineyard
East Chop, MA 02557
508-316-2396
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This website includes general information about legal issues, issues affecting seniors and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. You need to contact a lawyer licensed in your jurisdiction for advice on specific legal issues and/or problems.