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Probate
Guiding Families, Executors, and Beneficiaries Through Complex Estate Administration
Probate is the legal process by which a deceased person’s estate is administered—debts are settled, taxes are paid, and remaining assets are distributed according to a will or state intestacy laws. While the concept may seem straightforward, the practical execution can be intricate and emotionally charged.
At SJKP LLP, we provide compassionate, strategic, and technically precise guidance through every phase of probate and estate administration. Our lawyers work closely with executors, trustees, beneficiaries, and family members to ensure estates are settled efficiently, fairly, and in accordance with both the law and the decedent’s wishes.
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1. Understanding the Probate Process
Probate serves as the judicial validation of a will and the mechanism by which an estate is administered. It ensures that creditors are paid, taxes are assessed, and heirs receive their rightful inheritance. However, probate timelines, filing requirements, and court procedures vary significantly by jurisdiction, often requiring expert navigation.
SJKP LLP’s attorneys help clients understand what to expect at every stage—whether the estate involves straightforward property distribution or complex holdings spanning multiple jurisdictions.
Initiating Probate and Appointment of Executor
We assist in filing petitions, validating wills, and securing letters testamentary or administration. Our lawyers guide executors through their fiduciary duties from inventorying assets to accounting and reporting.
Estate Valuation and Debt Settlement
We coordinate appraisals, manage creditor claims, and ensure that liabilities are satisfied before distributions occur.
2. Probate and Taxation: Managing Fiscal Obligations
Tax considerations play a pivotal role in estate administration. Estate, inheritance, and income taxes can significantly impact the net value of distributed assets. Our tax lawyers collaborate with estate administrators to optimize tax positions while ensuring full compliance with federal and state laws.
SJKP LLP also advises on post-mortem tax planning opportunities—such as disclaimers, elections, and charitable deductions—that can minimize liabilities for heirs and beneficiaries.
Estate and Inheritance Tax Planning
We identify applicable exemptions, deductions, and elections under federal and state tax codes to reduce estate tax exposure.
Fiduciary Income Tax Compliance
Our lawyers handle fiduciary tax filings, trust accounting, and distribution planning to ensure post-death tax compliance.
3. Will Contests and Probate Litigation
Disputes often arise during probate over the validity of a will, the conduct of executors, or the interpretation of testamentary intent. Litigation may involve allegations of undue influence, fraud, or capacity challenges.
SJKP LLP’s probate litigators combine sensitivity with strategic litigation skill, working to resolve disputes through negotiation or courtroom advocacy when necessary.
Contesting or Defending a Will
We represent beneficiaries, executors, and disinherited parties in disputes over validity, undue influence, and capacity.
Executor and Trustee Disputes
We address claims of breach of fiduciary duty, mismanagement, or failure to account, ensuring transparency and accountability in estate administration.
4. Trust Administration and Alternatives to Probate
Not all estates must go through probate. Revocable living trusts, joint ownership, and beneficiary designations can transfer assets directly, reducing time and cost.
SJKP LLP advises clients on when probate is required, how to structure trusts to avoid it, and how to coordinate between probate and non-probate assets for smooth estate settlement.
Revocable and Irrevocable Trusts
We draft and administer trusts that distribute assets efficiently while preserving privacy and minimizing tax burdens.
Coordinating Probate and Non-Probate Assets
Our lawyers ensure consistency between wills, trusts, and beneficiary designations, preventing conflicts and unintended disinheritance.
5. International and Cross-Border Probate Issues
When estates span multiple jurisdictions, complexities multiply—different legal systems, tax regimes, and property recognition standards must all be reconciled.
SJKP LLP’s international probate team coordinates estate administration across borders, ensuring compliance with foreign inheritance laws, treaty obligations, and tax treaties.
Ancillary Probate and Foreign Assets
We manage ancillary probate proceedings for assets located abroad, coordinating with local counsel to ensure lawful transfer.
International Tax and Reporting Compliance
We advise on cross-border inheritance tax, FATCA/CRS obligations, and disclosure of foreign accounts during probate.
6. Digital Assets and Modern Estate Challenges
Today’s estates often include digital property—cryptocurrency, online accounts, and intellectual property. These assets require new legal frameworks for access and distribution.
SJKP LLP helps clients identify, value, and transfer digital assets, ensuring that modern estates are administered comprehensively and lawfully.
Digital Estate Planning and Access Rights
We prepare directives for managing and transferring digital assets, balancing privacy, security, and accessibility.
Intellectual Property and Royalties in Estates
Our team manages ongoing royalties and licensing rights for creative and technological assets within estates.
7. Why Choose SJKP LLP for Probate Counsel
Compassion. Clarity. Comprehensive Expertise.
SJKP LLP’s probate practice combines technical excellence with empathy. We recognize that probate is not just a legal process—it’s a deeply personal journey for families and fiduciaries. Our multidisciplinary team of estate planners, litigators, and tax lawyers ensures that every estate is handled with precision, compassion, and respect.
From contested wills to multinational estates, we help clients navigate complexity with confidence and achieve closure with dignity.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.
