Estate Settlement

Estate Settlement

Estate settlement is often one of the most challenging parts of losing a family member. With proper preparation of estate documents in advance, much of that difficulty can be eased. Working with an experienced estate attorney can further reduce stress and help minimize uncertainty during an already difficult time.

What Is Probate?

Probate is the legal process used to confirm the validity of a will and oversee the administration of a person’s estate after death. While it begins with proving that a will is authentic—properly signed, witnessed, and legally recognized—the process involves much more than that.

The Probate Process

In addition to validating the will in court, probate typically includes:

  • Identifying and inventorying the deceased’s personal and real property
  • Appraising estate assets
  • Paying outstanding debts and taxes
  • Distributing remaining property according to the will, or according to state law if no will exists

What Happens When There Is No Will?

When someone dies without a dated, signed, and properly witnessed will, the court determines how the deceased’s assets are distributed. Personal relationships or intentions do not factor into this decision. Instead, the state distributes property and funds strictly according to legal relationships. This is known as dying intestate. Under intestate succession laws, inheritance is generally limited to spouses, common-law spouses, and blood relatives.


This situation can often be avoided with proper planning. By clearly documenting how you want your property and assets distributed, you help ease the burden on those you leave behind. Thoughtful preparation can spare your loved ones unnecessary stress and allow them the space to focus on healing rather than legal complications.

Hiring an Attorney

The loss of a loved one can feel overwhelming on its own. When estate settlement matters are added to the mix, the months that follow can become more difficult than many expect. In situations like this, working with an attorney may help bring clarity and relief.

Turning to professionals who focus on estate settlement can provide guidance, reduce uncertainty, and help ease the burden during an already challenging time.