Estate administration is a legal process used to maintain or distribute an individual’s assets, including their real and personal property, after they pass away. All of an individual’s property at the time of their passing is called their estate.
There are numerous documents that may be necessary for an estate administration case. Typically, an estate administration case will be based on an individual’s will that was drafted by an attorney.
The individual, or testator, chooses an executor to handle their estate. This individual will be required to administer the state and possibly appear in probate court.
Documents that may be required in an estate administration case include:
- Document 1: The testator’s death certificate – This document serves as proof that the individual, or testator, has passed away.
- Document 2: The will – This document provides information on how the testator wanted their estate to be handled.
- Document 3: Trust documents, if applicable – These will show whether any trusts were created and their purpose.
- Document 4: Communication regarding the will – There may be communications between family members or friends and the testator that support or go against what is outlined in their will.
- Document 5: Other copies of the will, if there were any – In some cases, individuals may have multiple copies of their will and it will have to be determined which will apply.
How Will This Evidence Make My Estate Administration Case Stronger?
Any estate administration issue will benefit from the assistance of a lawyer. Wills and estate administration are related issues.
The strongest estate administration case begins with a legally valid and enforceable, well-drafted will. A lawyer will be aware of the requirements for legally valid wills in the state as well as the nuances of wills, trusts, and estate law that untrained individuals would not.
A will’s executor would not be able to do their job if a will is deemed invalid because it did not meet the legal requirements of the state. Although an individual can draft their own wills, there will most likely be missing language or ambiguities that would result in conflicts during the probate process, which can cause years of delays for their loved ones.
Because of this, it is important for an individual to have an estate administration lawyer help them with all of their estate planning needs to ensure their wishes are carried out.
How to File Evidence in Court for an Estate Administration Case
Similar to drafting wills, an individual may be able to file evidence in court for their estate administration case. However, submitting evidence to court is best handled by a trained attorney.
There are many rules, nuances, and exceptions that govern evidentiary issues. Most individuals who are not trained lawyers would not be aware of these.
This can be detrimental to their case if they do not know how to properly enter a piece of evidence that supports their claim. In addition, estate issues can be emotional matters because they often involve family members or close friends.
Having a lawyer handle the estate administration case and evidence will help ensure that an individual submits the best evidence they can to support their argument. If an individual contests a will, they have the burden of proving that the will is not valid.
This means that the individual challenging the will must show that the creator of the will did not meet the requirements for executing a valid will, for example, by lacking the proper mental capacity at the time the will was created. Common examples of reasons wills are contested include:
- Disputes regarding which family member is entitled to what specific piece of property;
- Disputes related to the amount of money that is being distributed and to whom it is being distributed;
- Conflicts regarding specific items of personal property, for example, family heirlooms; and
- Conflicts as to whether an individual is entitled to receive an inheritance.
It is important to note that a will may contain an anti-contest or no-contest claim that prevents a beneficiary from contesting the will. Typically, these clauses state that if a beneficiary contests the will, the forfeit and inheritance they would have received.
What If This Is Not Accepted by the Courts as Evidence?
Proving certain issues in an estate administration case may be difficult, such as the testator’s mental state at the time the will was created. An attorney will be prepared for any arguments against evidence they wish to submit to support their claim.
Because of this, they will also be able to prepare additional types of evidence in support of important claims in the case. This is why it is essential to have the help of a lawyer, as an individual would not know other methods for evidence admission or how to argue against an exclusion request.
What Other Important Information Should I Know About Estate Administration?
Estate administration is an important part of the will probate process. It may be helpful for an individual to be familiar with the estate administration process so they can be prepared to discuss their estate plan with their attorney.
In the majority of cases, the process follows the directions that are outlined in the will of the individual who passed away. If the individual did not have a will in place, their estate will be administered according to the laws of the state where they lived.
The laws that govern estate administration can vary by state, so it is very important for an individual to consult with an attorney during the process. In most cases, however, having a will in place is the best and only way for an individual to ensure their will is administered as they want it to be.
Another very important aspect of estate administration is who a testator decides to make their executor. If an individual does not name an executor in their will, the court may appoint one on their behalf.
Typically, the duties of an executor may include, but are not limited to:
- Typically, the duties of an executor may include, but are not limited to:
- Interacting with creditors;
- Defending the estate against lawsuits;
- Managing the assets of the estate;
- Identifying the beneficiaries who are named in the will; and
- Ensuring that the beneficiaries receive their inheritance.
When a testator is choosing their administrator, it is important to keep in mind the job may require completing complex tasks, depending on the assets and debts in the estate. It may be helpful for an individual to discuss this issue with their attorney.
It may also be helpful to name an alternate in their will in case their first choice cannot or is not willing to assume the responsibility.
How Can a Lawyer Help Me With My Evidence?
If you have any estate administration issues, it is essential to consult with an estate lawyer. The best preparation for a strong case is to ensure your will is drafted by an attorney and is valid under the laws of your state.
It is also important to review and update your will if you move states or experience any life changes, such as divorce, the birth of children, or other changes. If any legal disputes or lawsuits arise related to your will, an attorney can represent the parties involved.
However, a well-written and valid will is an invaluable asset that can help protect your family members and loved ones from future disputes as well as help ensure they receive what you want them to after you pass away.
