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Probate Lawyer in midcoast MaineESTATE PLANNING LAW FIRM SERVING FAMILIES THROUGHOUT MIDCOAST MAINE, CAMDEN, ROCKPORT, ROCKLAND, NORTHPORT, BELFAST, WARREN, UNION, HOPE, WALDO ME, AUGUSTA MAINE.
If you die owning assets in your own name your family is required to commence a probate proceeding in the Probate Court. Penbay Estate Planning Law Center is a law firm in Camden Maine that Probates Wills, and handles intestate probate proceedings in Probate Court
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Probate Explained
Probate
Penbay Estate Planning Law Center in Camden Maine represents personal representatives in Probate Court.
Probate is a legal procedure to carry out the terms of a last will and testament. Probate involves obtaining official court recognition of a Last Will and Testament as well as gaining the appointment of a representative of the estate to pay debts and expenses and to distribute the property. The representative of the estate is called a “Personal Representative”. A Personal Representative is the same thing as an “Executor”. The Probate of Wills in Camden and Knox County is handled by the Knox County Probate Court. The law regarding Probate of Wills and Contest of Wills provides rules which the Court follows in administering the process.
Probate Process
Issues of Wills & Probate Attorneys in Camden Maine
The main issue in a probate proceeding is validity of the Last Will and Testament being offered to the Court (to be probated). “Probity” means “examination”. What does the Court “examine” the Will for? While the Court does make sure that the document offered as a Last Will and Testament complies with the minimum requirements for the execution of a will, they leave any real probity to people or entities that will be adversely affected by the recognition of the Will. What does that mean? Any person who would have inherited property if there were no Will or if the Will is found to be invalid for any reason. Needless to say, for the layperson, it can be a complex process.
Are you liable for the debts of the deceased?
Legal Costs & Fees
Because probate proceedings can be unpredictable, law firms typically charge an hourly rate for probate representation. The potential personal liability of the personal representative makes it worthwhile to get the advice of counsel before distributing the assets of an estate.