A privately practicing attorney, Kyle T. Kirts comes to his role with more than 15 years of experience. Kyle Kirts handles a diverse portfolio of cases, including those processed in probate court.
Probate court exists to process the distribution of assets after a person’s death. Probate proceedings cover any assets that the deceased individual solely owned, as co-owned assets typically transfer directly and without difficulty. Assets in survivorship tenancy also transfer automatically, as do any insurance benefits or assets with a particularly designated beneficiary. Individuals may also choose before their deaths to specify inheritance via a trust, which specifies a different path of transfer, though some estates are exempt from probate because the value is below a specified amount.
Assets that do go through probate fall under the management of the estate’s executor. The deceased person’s will often indicates the identity of this person, though estates without a willing named executor may require the courts to appoint an appropriate individual. If the deceased person has not developed a will, the court will name an administrator to resolve finances and distribute assets. The full process can progress to closure in as little as six months or as long as several years, depending on the complexity of legal proceedings and the necessity of any claims or audits.