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Kelly Strickland, Attorney at Law

James V. Esh, Attorney at law

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** DISCLAIMER **
Strickland & Associates provides the information on this site for informational and educational purposes only. No attorney client relationship exists or is intended by the use of this site.

Wills and Probate

Strickland & Associates will assist you in drafting your will and other necessary documents.   We offer competitive rates and flat fee options.

Review some of those options by following the below links:

  1. Estate Planning Services
  2. Probate Services

Wills and Probate are related but are separate ‘issues’ all together.  A will is a written document which a person prepares with the intent of disposing their probate assets at death.   Not all a person’s property are considered “probate assets.”  This is an important distinction to understand.  A will only disposes property which is considered to be a part of the deceased person’s probate assets.

Non-probate assets or “non-testamentary transfers” are assets which do not “pass” by will.  In other words, a will will not affect the transfer of these types of assets.  Some common non-probate assets include assets such as Life Insurance Proceeds, assets in a trust, and payable on death accounts.  The disposition of these assets are generally determined by the governing agreement or beneficiary designation.  For example, property owned by a trust will be managed by the trust agreement.  The beneficiary designation on a payable on death account will determine the disposition of the account.  A will will not affect these designations and/or agreements.

Probate assets are assets which are assets other than non-probate assets.

Probate, as the term is broadly used, refers to the process of settling a person’s estate once they have passed away.  A greater discussion of probate can be found on the “What is Probate?” page.

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