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Navigating Probate and Dividing Assets: Guidance for the Grieving

Navigating Probate

Losing a loved one is undoubtedly one of the most challenging experiences life can throw at us. Amidst the grief and emotional turmoil, the practical aspects of managing their estate can feel overwhelming. When no estate plan is in place, the probate process can be particularly complex and confusing. However, it’s essential not to let your family’s assets go to the state. In this article, we’ll offer you guidance on what to do in probate and how to divide assets when you find yourself in this difficult situation. Understanding Probate Probate is the legal process that takes place after someone passes away. It involves the court overseeing the distribution of the deceased person’s assets. If there is no will or estate plan, the court will determine how to distribute the assets according to state law. This process can be daunting, especially when you’re grieving.

Navigating Probate

Seek Legal Counsel: The first and most crucial step in navigating probate is to consult with an experienced estate planning attorney like Briana at They can provide you with expert guidance, help you understand the legal requirements, and ensure that you fulfill your obligations as an executor or administrator of the estate. Gather Important Documents: Collect all relevant documents, such as the will (if there is one), financial records, and information about assets and debts. Your attorney will need these documents to guide you through the probate process. Notify Creditors and Beneficiaries: Part of the probate process involves notifying creditors of the deceased person’s passing. Your attorney will assist you in handling this aspect and ensure that all legitimate debts are addressed. It’s also essential to notify beneficiaries and heirs. Appraise and Value Assets: Your attorney will help you determine the value of the assets within the estate. This is a crucial step in the probate process, as it will affect how assets are divided.

How to Divide Assets

When it comes to dividing assets during probate, the process can be complicated, especially without a clear estate plan. Here are some considerations: State Laws: The laws of your state will play a significant role in how assets are divided. In some states, assets may be divided equally among heirs, while in others, it may be based on a percentage distribution. Executor’s Role: As the executor or administrator, you have a responsibility to distribute assets according to the law. Your attorney will guide you through this process and ensure that it is carried out fairly. Mediation: In some cases, family disputes may arise during probate. Your attorney can help mediate these conflicts and work towards an amicable resolution. Sale of Assets: Sometimes, it may be necessary to sell certain assets to cover debts or distribute the proceeds among beneficiaries. Your attorney will assist you in making these decisions.

What Can You Do?

Navigating probate and dividing assets during a period of grief can be incredibly challenging. However, with the support of an experienced estate planning attorney like Briana at, you can ensure that your loved one’s assets are not lost to the state. Seek professional guidance, gather the necessary documents, and follow the legal steps outlined to ease the burden of this process. Remember, you don’t have to go through this alone. Briana is here to provide you with the expertise, comfort, and support you need during this difficult time. Take the first step toward protecting your family’s assets by booking a consultation or strategy session with Briana today. Your loved one’s legacy deserves to be preserved for the benefit of those they cherished most.

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Attorney Briana Robertson would love to help you! Book your consultation today. Schedule Now


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