The Process of Settling a Person's Estate
Most people mistakenly believe that probate is always a difficult process, to be avoided at all costs. In Alaska, probate is the legal process in which a person's estate debt is paid and property distributed. Many people settle smaller estates informally, and do not require probate. Even larger estates can circumvent probate with the use of living trusts, joint titles, survivorship provisions, and estate planning.
At the law office of Kenneth Kirk, Attorney, located in Anchorage, Alaska, our attorneys assist people going through the probate process. We represent people during ancillary probate, contested probate, and uncontested probate. Contact us for an appointment about your probate.
When settling an estate requires probate, we will guide your family through the process. The probate court will appoint a personal representative (also called an executor or administrator). The representative will:
- Gather and preserve assets
- Pay legitimate debts
- Distribute remaining assets to the beneficiaries
- Consider tax implications of the estate
It is important to have a close working relationship with your attorney during probate in order to be properly and timely advised about the laws and obligations of probate. It is also necessary so that you can adequately understand the process and relevant court documents. Our lawyers will attend probate hearings with the personal representative if necessary.
Contested probate is a rare event. When contested issues do arise during probate, it is important to have an aggressive advocate on your side. Some of the more common issues in a contested probate relate to the validity of the instruments themselves and matters relating to estate property.
The probate process is often finished within a year, though issues relating to family disputes, creditors, and other problems can delay the process for much longer. An experienced probate lawyer can expedite the settling of a person's estate.
Contact a litigation attorney at the law office of Kenneth Kirk, Attorney to learn more about resolving will contests and other probate issues. Our firm represents people throughout Alaska, including people in Matanuska Valley, Palmer, and Wasilla.
