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5001 Seminary Road, Suite 110
Alexandria, VA 22311
Native American Times reports Indian Affairs Kevin K. Washburn announced his approval of the Northern Cheyenne Tribe’s probate code and that the Department of the Interior’s Office of Hearings and Appeals (OHA) now must employ the code when probating trust or restricted lands within the Northern Cheyenne Reservation in Montana. The Northern Cheyenne’s codes permit tribes to decide how people can bestow trust or restricted land that is a part of the reservation to heirs at the time of someone’s death. The Obama Administration is taking steps like this and many others in an effort to do a better job at empowering tribes to restore tribal homelands while also dealing with the historical dilemmas of land fractionation.
What is Probate Estate Administration?
Probate is a collection of legal actions that occur after an individual passes away. It includes:
- Proving the will is valid in court
- Identifying and inventorying the property of the deceased
- Appraising the property
- Paying debts and taxes
- Allocating the remaining property as the will specifies, or as the court specified if there is no will
Probate usually involves paperwork and attendances in court by attorneys. The estate property is used to pay the attorney and court fees, and whatever is left goes to the people inheriting the deceased person’s property.
How does the Probate process work?
In most cases, after a person dies, an executor is assigned (if one wasn’t named in the will) to file papers in court, prove the will’s validity, provide the court with lists of property, debts and anything left for the person’s heirs to inherit. The executor must locate, acquire, and manage the person’s belongings during the probate process. This entire process can take as little as a few months or as long as a year, which depends on what the will says, and on the amount of debts. In some cases the executor may have to make the difficult decision to sell your home or other property in order to make amends for outstanding debts.
Probating an estate can be confusing if you are unfamiliar with the process. We can discuss all of the options and variables involved in probate when we speak with you. Contact us today to schedule your initial consultation.
Call Us: 703-370-8088 or reach us by e-mail. We look forward to meeting you and working with you at Kamerow Law Firm, PLLC.