What Is Probate, And How Can Hawkins And Sorensen Help?
When someone dies without a trust, whether they have a will or not their property has to be transferred through the formal court process known as probate. The probate process consists of five steps.
- First, we petition the court to appoint a personal representative.
- Second, we gather together all the assets.
- Third, we publish notice to creditors and receive their claims.
- Fourth, we distribute the property as required by law.
- Fifth, we file documents with the court to close the probate.
Often, real estate is among the assets that need to be gathered, and then distributed. Because of our extensive experience in real estate matters, we have the knowledge necessary to handle real estate quickly and effectively. We are contacted by owners, lenders, real estate agents or title companies who need our help navigating the process. We can conduct title searches and guide them through court processes related to purchasing, selling or transferring title to the property.
Probate Litigation: When Disagreements Occur
Probate usually goes smoothly. However, there are times when heirs disagree about someone’s wishes, and matters can escalate to litigation. We know how painful and expensive this can be.
Unfortunately, we have seen too many families torn apart by improper planning, disagreements, misunderstanding or outright deceit. In these situations, there are many ways you can choose to handle your property, but the best way to handle it is to contact Hawkins and Sorensen.
To talk with us about your probate concerns, call us at 801-931-6078 or complete our online contact form.
One of the best ways to prevent probate litigation is to work with an experienced lawyer on an estate plan. For more information, you can visit AmIPrepared.com, Hawkins & Sorensen founder, Greg Hawkins’ website about estate planning matters.