Probate Administration
At Campbell Miller Law, we understand the grief after the loss of a loved one. Our job is to help alleviate the stress of handling end-of-life affairs so you can focus on your family. We can help you make sure that your loved one’s wishes are honored and their estate is properly administered whether they had a Will, Trust, or did not have an estate plan.
Probate Administration
The term "probate" refers to the court process by which someone’s property passes according to the terms of their Will. The probate process includes filing the original Will with the court and appointing the personal representative (formerly known as "executor") to settle the estate by passing the assets according to the Will and paying debts of the estate.
We represent personal representatives and support and guide them through the probate process. Our probate work includes drafting and filing court paperwork, publishing the Notice to Creditors, and providing notice to the State and IRS regarding the estate. We offer flat fees for our probate administration services that include attorney consultation time and court fees so you can maintain control of the expense of the process.
Non-Probate Estate Administration
When a person dies and their property is designated to pass to a beneficiary outside of their Will, then that property is a "non-probate" asset. Common examples of non-probate assets are life insurance policies and retirement and financial accounts with designated beneficiaries. Even with proper account beneficiary designations, issues can arise with financial institutions when it comes time to transfer funds to a beneficiary. Our non-probate estate administration services include legal advice, drafting letters, reviewing and completing account transfer forms, and communicating with financial institutions, retirement plan administrators, state agencies, and accountants.
Small Estate Affidavit
Another non-probate tool that we utilize is the Small Estate Affidavit. This document can be used to avoid probate when the net assets to be transferred are less than $100,000 and do not include real estate. The Small Estate Affidavit is one tool we use to help clients avoid probate and lower the cost of administering the estate.
Real Estate Transfers
It is important to make sure that real estate is property transferred after death to avoid potential issues with title to the property in the future. If you are a surviving spouse and your name is already on the title to the property, after the death of your spouse it is necessary to remove your spouse’s name from title.
We have experience transferring real estate through a Community Property Agreement, Revocable Transfer on Death Deed, Lack of Probate Affidavit, Personal Representative’s Deed, and transfer to a Revocable Living Trust. Regardless of the extent of the decedent’s planning, we make sure the proper documents are drafted and recorded with the county auditor and treasurer offices to transfer the real estate to the appropriate persons after death.