When you need legal guidance following a loss, we're here to help. Having experienced the loss of a loved one ourselves, we know how overwhelming it can be to deal with legal matters during such a difficult time. Our goal is to simplify the probate process, guiding you through every step so that you can focus on what's truly important.
Ways We Offer Support:
- Understanding Probate Law and the Probate Process: Overview of what probate is and how it works.
- Filing the Will: Assisting with the submission of the deceased's will to the probate court.
- Appointment of Executor or Administrator: Guidance on appointing the executor (if named in the will) or administrator (if there is no will).
- Gathering and Inventorying Assets: Help with identifying, collecting, and valuing the deceased's assets.
- Debts and Liabilities: Addressing outstanding debts, claims, and liabilities of the deceased.
- Notification of Heirs and Beneficiaries: Ensuring that all relevant parties are notified about the probate proceedings.
- Handling Taxes: Assisting with the preparation and filing of estate tax returns, including any final income taxes for the deceased.
- Distributing Assets: Guidance on the legal process for distributing assets to beneficiaries according to the will or state law.
- Resolving Disputes: Mediation and legal support for resolving disputes among beneficiaries or heirs.
- Court Hearings: Representation at court hearings related to the probate process.
- Probate Timeline: Overview of the typical timeline for probate proceedings and what to expect.
- Legal Documentation: Drafting and filing necessary legal documents throughout the probate process.
- Trust Administration: If applicable, guidance on the administration of trusts associated with the estate, and assisting with the establishment of testamentary trusts.
- Will Contests: If a will has been presented for probate, but one or more of the heirs at law believes it is not a proper will, we will represent you in the will contest--whether defending the will or disputing the will.
You don't have to go through this alone. Let us be your trusted probate lawyer, walking beside you through this difficult time and guiding you to a resolution.
Probate FAQ's
What is probate, and how does it work?
Probate is the legal process through which a deceased person's assets are distributed and debts settled. The court validates the will, if one exists, and appoints an executor to manage the estate. The process involves inventorying assets, paying debts and taxes, and distributing the remaining assets to heirs.
How long does the probate process typically take?
The duration of the probate process can vary widely, ranging from a few months to several years. Factors affecting the timeline include the complexity of the estate, whether there are disputes among heirs, and the efficiency of the court. In straightforward cases, probate might take 6 to 12 months, while more complicated estates could take longer.
What assets are subject to probate?
Generally, assets held solely in the deceased person's name, such as real estate, bank accounts, and personal property, are subject to probate. However, assets that are jointly owned or have designated beneficiaries, like life insurance policies and retirement accounts, typically bypass probate. Understanding what qualifies can help in estate planning.
Can probate be avoided?
Yes, probate can often be avoided through proper estate planning strategies, such as creating a living trust, designating beneficiaries for accounts, and holding property jointly. These methods allow assets to transfer outside of probate, potentially saving time and costs for heirs. Consulting with our estate planning attorney can help identify the best strategies for your situation.
What are probate alternatives?
Probate alternatives are methods to transfer assets outside of the probate process, helping to avoid the associated costs and delays. Common alternatives include living trusts, which allow for the management of assets during the grantor's life and distribution after death without going through probate; joint ownership, where assets are owned by multiple people, automatically transferring upon death; and beneficiary designations, commonly used for retirement accounts and life insurance policies, allowing for direct transfers to named beneficiaries. Other alternatives include gifting assets during one's lifetime and payable-on-death accounts.
What are the duties of an executor in probate?
An executor is responsible for managing the estate throughout the probate process. Their duties include gathering assets, paying debts and taxes, distributing remaining assets to beneficiaries, and filing required documents with the court. Executors must act in the best interests of the estate and beneficiaries, maintaining transparency throughout the process.
How do I contest a will?
To contest a will, you must have standing, meaning you have a direct interest in the estate. Grounds for contesting include lack of testamentary capacity, undue influence, or improper execution. The process typically involves filing a petition with the probate court, and you may need to present evidence to support your claim.
