Probate With a Will
Uncontested Probate Lawyer
Uncontested probate is the method of probate administration used with simple estates that are not in dispute, and involves the informal process of court filings and the appointment of a personal representative. With uncontested probate administration, having a skilled probate attorney by your side can help ensure the process runs smoothly, that documents are filed properly and on time, and that the closing of the estate happens as soon as practicable.
At the Helsper, McCarty, and Rasmussen Law Firm, we offer experienced advice to clients serving as personal representatives and trustees, regarding how to properly fulfill their duties. Our staff has been specially trained to handle estates involving issues such as:
- Preparing and filing uncontested probate forms with the court
- Representing trustees, personal representatives, beneficiaries and wards in uncontested trusts
- Preparing 706 estate tax returns
- Preparing estate and trust income tax returns
- Preparing asset and property inventories
- Performing accounting reviews
- Addressing out of state assets
Is Probate Necessary for Simple Estates?
When a person dies, if any property is still titled in their name, a probate proceeding is required. In uncontested probate, transferring the title to or the possession of assets and property is the primary issue. The goal is to enable the beneficiaries to assume legal ownership of assets left to them as quickly as possible. Title to real estate and financial assets such as stocks and bonds must typically be probated to reflect the change in ownership, and a probate court gives the estate's personal representative the authority to transfer these titles.
Complexities of Simple Trust Administration
The administration of a Trust, even a seemingly simply one, may involve unforeseen issues. These issues can range from potentially complex matters of asset management, to payment of taxes on trust income and proper accounting of the trust assets. To help avoid a potential breach of fiduciary duty claim, the trustee should have experienced legal counsel to guide them through this process.
Our firm helps clients throughout South Dakota find sensible, effective strategies to protect, transfer and administer their valuable family assets through experienced legal advice and representation.