Probate Administration Practice Area

Probate Resources Probate Glossary Initial Checklist

Probate Administration is that area of law involved with the orderly distribution of a person's assets after death. It also involves a review of the decedent's estate to see if any taxes are due the government, and if any debts are owed to creditors.

In order for a will or estate plan to be effective, the person for whom it was made must have had an unrestricted right to distribute his or her property at death, in the proposed manner. Contrary to popular belief, a person's right to distribute property upon death is not free and unrestricted. There are statutes in every state that restrict this right. The effect of those statutes can be avoided or moderated by prudent planning and drafting, however, and the attorney who prepares a will or estate plan must be familiar with those restrictions.

Statutes restricting a person's freedom to distribute property at death are designed to protect certain persons and classes of persons who might otherwise be unfairly victimized or defrauded by irresponsible testators. The surviving spouse, children, and unsecured creditors of the decedent are protected by restrictive statutes of this type.

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