Probate

Delaware Attorney Resolves Probate Issues for the Benefit of Will Executors and Heirs

Representing family members, executors and administrators when a will is validated or challenged

Probate is the court-supervised process of distributing a person’s estate after death. It can be a trying process, particularly for the executor of your estate, who must meet many legally required duties, including satisfying financial obligations that you leave and your estate accrues, and identifying and locating your heirs. Estate & Elder Law Services takes probate into account in devising your estate plan and also helps your executor and administrators of any trusts you create meet their fiduciary and other responsibilities.

How probate works

Any property you place into a trust is usually not subject to probate. For property covered by your last will and testament, the probate court validates the will, hears any challenges brought by third parties, sees that your debts are paid and passes title to your named beneficiaries. Property that is not addressed in your will or a trust is distributed according to the laws of intestate succession: Your spouse, children and surviving parents are your primary potential beneficiaries.

Probate litigation and will disputes require a seasoned lawyer with knowledge of the local court system

We have significant experience handling probate litigation and will disputes. You may be the administrator or executor of an estate responsible for probating the will and validating its effect. Or you may be a family member or other person who believes that a will is invalid or fails to properly reflect the wishes of the deceased. In either case, Estate & Elder Law Services can represent your interests in court, arguing on your behalf. There are many bases upon which to challenge a will. Your defense or challenge may depend on whether the decedent signed the will or whether the person was of sound mind or subject to undue influence when the will was executed. A knowledgeable probate litigator is crucial whenever you defend or challenge a will.

Contact a estate planning attorney with deep experience in the Delaware probate process

At Estate & Elder Law Services, we guide clients through the probate process and defend and challenge wills in probate court. You can find us a few short miles from downtown Wilmington at the intersection of Route 48 and Route 141. Regular hours are 8:30 a.m. to 5 p.m. Contact us online or call our office at 302.651.0113.