Need Probate Representation in Delaware?

Contact an Experienced Delaware Probate Attorney

The probate process is a process in which legal title of all of the property the decedent owns (his or her estate) is transferred to the decedent’s beneficiaries. In simple terms, the court decides who gets the property and what is used to pay creditors of the decedent. A Delaware probate attorney can help the decedent’s loved ones through the probate process.

There are two ways that a person dies:

• Testate – this is when a person dies with a will. The probate court verifies the will is valid. It will also hear any objections to the will, orders the creditors to be paid and will supervise the entire process to make sure that what is left is distributed pursuant to the terms and conditions of the will.
• Intestate – this is when a person dies without a will. Probate in this process is a bit different, but the results are the same. The probate court appoints a person to receive claims against the estate, order the creditors to be paid then distributes any remaining property pursuant to the laws of the state.

The big difference is that assets that are left (after debt payment, taxes and the cost of the administration are distributed) by state law, which may not have been the decedent’s wishes, especially if the decedent wished to leave someone out of his or her will.

How Can a Delaware Probate Lawyer Help?

Going through probate can be stressful and trying in the wake of a loved one’s death. The Law Office of Vivian Houghton understands that this is a difficult time and has the compassion to help the family of the decedent through this difficult time.

A Delaware probate lawyer will help the decedent’s loved ones through an intestate process. The Law Office of Vivian Houghton is experienced in probate matters and can guide the loved ones, including, in the case of a testate will, the executor, through the probate process.

In a situation where the person dies intestate, the Law Office of Vivian Houghton can guide the court-appointed executor through the probate process, which includes receiving claims against the estate.

A Delaware probate attorney will ensure that the executor, whether court-appointed or appointed by the will understands his or her rights throughout the process. In the event that any type of litigation ensues over how the executor handles his or her duties, the attorney defends the executor during litigation.