Estate administration is a complex process that can take months or even years to complete. It involves closing a person’s estate after their death, including paying their debts and distributing their assets to the appointed beneficiaries.

When you are tasked with this role, speak with an Upper Marlboro estate administration lawyer. If you feel overwhelmed by the task, consulting with a dedicated estate planning attorney may be in your best interest.

Is Probate Court Required?

Historically, the term “probate” described the validation of a person’s last will and testament after their death. Now, it applies to the way the court system administers a decedent’s estate. This involves paying their debts and awarding assets to the appropriate beneficiaries.

An estate may be forced to go through this system whether the decedent has a last will and testament or not. The court will oversee the process, starting with identifying whether there is a valid will. If this document is located, it will play an important part in determining how the court proceeds. Without a will, the judge must distribute assets to family members according to the system of intestate succession.

One benefit of a robust estate plan is the option of avoiding probate court entirely. By relying on tools like trusts or payable-on-death accounts and working with an estate administration lawyer in Upper Marlboro, a person could develop a plan that bypasses the court system and distributes their property directly to their beneficiaries.

Administration vs. Planning

Administering an estate is not the same as constructing a plan. While the two are closely related, estate planning occurs when a person is alive. It is the steps taken to determine how assets should be divided after the owner passes away. These efforts are ongoing, as it is always a good idea to re-evaluate things each year or when a major life change occurs.

Administration occurs when it is time for the plan to go into effect after the creator dies. What this looks like depends on the tools used and the assets held. It might involve probate court, or it could take place entirely outside of the legal system. A lawyer in Upper Marlboro could help a trustee through the estate administration process.

How Estate Administration Works

The primary goal of estate administration is to distribute a deceased person’s estate and ensure all interested parties, including beneficiaries and creditors, are treated fairly. This job is about more than divvying out assets to specific individuals. Before anyone gets their inheritance, the trustee must catalog and collect the property the deceased owned.

Once the inventory is complete, there may be creditors to deal with. The proceeds of the estate are used to pay any final obligations before a beneficiary receives anything.

The next step is distributing the assets. This must be done according to the terms of the will, and it is possible that interested parties could mount legal challenges. Once these issues are resolved, the trustee must complete certain reports and file them with the court.

Speak With an Estate Administration Lawyer in Upper Marlboro

This role of trustee is important, and it should not be taken lightly. If you have been charged with administering an estate in Upper Marlboro or Largo, you may need the help of an attorney. Call as soon as possible to discuss matters during a private consultation.