Navigating the Legal Process of Dying Without a Will
Did you recently have a loved one pass away and are now trying to figure out how to divvy out their estate? Hi, I’m Tahlequah probate attorney Aaron Grubb at Wirth Law Office. In this video, we’re going to talk about personal representatives.
When a person passes away and they do not have a will or some kind of final testament, that’s called dying intestate. This means you don’t have a will, and as a result, the court will appoint a personal representative to manage the estate. Their responsibilities include ensuring that all the property is distributed to those eligible for distributions and inheritance.
The Role of Personal Representatives
A personal representative is often a close family member, such as a child or sibling, who is appointed to handle these duties. The appointment process includes drafting a petition to be appointed as a personal representative, which must be submitted to the court. You or your attorney will need to appear before the court to answer a series of questions.
The questions may pertain to your relationship with the deceased, other individuals who may also be qualified for the role, and the circumstances surrounding their passing. This questioning can feel intimidating, but having an attorney can help ease this process. They can advocate on your behalf and present your case effectively to the court.
Why Hire an Attorney?
If you find the requirements overwhelming, or if you need to file an application to become a personal representative, it’s advisable to seek legal assistance. Even today, I observed several attorneys advocating for their clients, underscoring the importance of having experienced representation. They highlighted the connections between the potential appointee and the decedent, which can make a significant difference in the court’s decision.
As you navigate this difficult time, remember that you don’t have to go through it alone. If you need support in determining your next steps or filling out the necessary paperwork, contact me, Tahlequah family attorney Aaron Grubb, at Wirth Law Office.
Schedule a Low-Cost Initial Strategy Session
Take action today by scheduling a low-cost initial strategy session with me to discuss your situation further. Give us a call at (918) 458-2677, and let’s explore how we can assist you in this challenging time.
