does it matter where your lawyer is to probate a will

The simple answer is... yes! For the vast majority of probate cases, a lawyer is not required to probate a will. In fact, anyone can interact with the court system and you can do probate without a lawyer.

Full Answer

Do I need a lawyer to probate a will?

Some states have a simple probate process, so you may be able to get through it on your own. However, in most cases, it's better to hire a probate lawyer. Since they know the probate laws inside and out, a lawyer will be able to guide you through the steps quickly and efficiently.

What does a probate lawyer do when someone dies?

If the person who passed away had any debt or bills they failed to pay, a probate lawyer will also advise the executor of will on the best way to handle these issues. What Happens If There Was No Will? If someone dies without a will, all their assets must be dispersed according to intestacy laws.

What happens when a will is presented to probate court?

The will must also be presented to the probate court so the court can appoint the executor. Assets must be located and protected so that they can be used to pay debts and fulfill the terms of the decedent’s will.

Do you have to probate a will if you dont own property?

Some people don’t want to probate a will. There is no requirement that a will or property go through probate, but if the decedent owned property that is not arranged specifically to avoid probate (see below), there is no way for the beneficiaries to obtain legal ownership without it.

How does probate work in court?

The biggest difference is that when no Will is present, the court will appoint someone as a Personal Representative to oversee distribution of your belongings.

What happens during probate?

During probate, a court will first authenticate your Will, and then authorize your Executor to pay all debts and taxes and distribute your remaining property accordingly, per the instructions you leave. You probably have many questions about probate, so read on to learn everything you need to know.

What is probate bond?

It’s no easy task, so compensating them for the time they’ll invest in settling your estate makes sense. Probate bond: Also known as a Fiduciary or Executor Bond, unless your Will outright states this is unnecessary, some states require a bond to protect Beneficiaries.

How to start probate process after death?

Someone, usually your Executor or lawyer, will inform the court of your death and submit a copy of the death certificate to start the probate process. 2. Have the Will Validated. Your Will must be authenticated by the court to ensure it was properly signed and dated in accordance with the law.

Why do people avoid probate?

The longer probate takes, the more fees there will be. And finally, one of the biggest reasons people may hope to avoid probate is for privacy reasons.

How long does it take to get a probate?

Probate can take varying amounts of time, but in cases where estates are small and there are no hang ups, the average time to complete the probate process, could be less than a year. Six to nine months is not uncommon if everything is seamless and nobody tries to contest anything.

Is probate easier if you have a will?

During this legal proceeding, a court will start the process of distributing your estate to the proper heirs. Probate is always easier if you have a Will and/or Living Trust that clearly defines your wishes. These documents help most by naming your Beneficiaries and an Executor.

How long does it take to get a will probated?

It can be three months, four months or even longer. If the executor objects to any claims by creditors or if anyone else contests the will, the court will need to hold a hearing to resolve the dispute. This process takes some time, and it will increase the time for the entire probate process.

How long does probate last?

The timeline for probate can vary widely. It can range from just a few months to well over a year. In some cases, probate can linger on for several years. While that extreme is an exception to the rule, it’s important to understand that probate isn’t a quick process in many cases.

Why do executors need probate bonds?

The executor will need to get a probate bond to protect them from any claims made against them for fraudulent activity. This bond is a surety bond to cover the work they do on behalf of the estate. If they should make a mistake that costs money to the estate or heirs, the bond would cover them.

What does the executor of a business do?

The executor must track down all assets and get proof of ownership. They must secure the assets to ensure none are lost, stolen or sold during this time. They may need to sell some of the assets to pay the creditors. If the deceased person owned a business, it may need to be closed to allow for liquidation.

What is the next task for an executor of an estate?

The next task is to pay the estate taxes. The executor will need to file personal or business tax returns if necessary and pay any amounts owed. This task must be completed before the estate can be distributed. They will need to wait for the returns to be approved to ensure no changes are made.

What is probate process?

What is Probate. Probate is the legal process by which an estate of someone who has died is distributed to the heirs.

How to get executor of a will?

1. File the Petition. The first step with any estate is to file a petition with the court. This includes a copy of the death certificate and the will. The court will review the petition and other documents to open the probate. At this point, it will determine who should be appointed executor.

What does a probate lawyer want to know?

In addition to a general understanding of your legal needs, the lawyer may want to know who else is involved with the case and their relationship to you. For example, in some probate matters, a client visits the lawyer to seek help for his or her parents or siblings.

What to do if a lawyer doesn't ask for documentation?

Even if a lawyer doesn't ask for documentation beforehand, it's still a good idea to bring a copy of all relevant documents to the meeting. Spend some time thinking about what you may have on hand. Try to organize the documents in a logical manner before you meet with the lawyer.

What to talk about at a lawyer consultation?

At the consultation, be prepared to talk about your case. The lawyer may not too many details of your case before you sign a fee agreement, but you should be prepared just in case.

How to save money on legal fees?

To save money on legal fees, take the time to select a good lawyer, prepare well for your first meeting, and do everything you can to reduce the time that lawyer will have to spend on your case . Even eliminating one email exchange could save you hundreds of dollars.

How to save money on trust and estates?

Do everything you can to reduce the time that lawyer will have to spend on your case. Even eliminating one email exchange could save you hundreds of dollars. ...

How to start a relationship with an attorney?

After you decide on which attorney to hire, you’ll sign a fee agreement and officially begin your relationship with your lawyer. The first meeting with an attorney usually involves the exchange of a lot of information. You will spend a good deal of time explaining to the attorney the details of your legal issue and answering his or her questions. He or she will spend a good amount of time discussion and laying out a plan. If you think you might get nervous or forget something, you could practice this conversation with a friend, or you could write down what you want to say.

What happens at your first meeting with an attorney?

The first meeting with an attorney usually involves the exchange of a lot of information.

What does a probate attorney do?

A probate attorney mainly gives legal advice regarding the estate administration. The attorney's role will differ based on whether the deceased had a will or if they died intestate (without a will). Some of the things an attorney can help you with include: Transferring real estate and other assets to beneficiaries.

How long does probate take?

If there are issues with the will. If there are taxes and debts that need to be paid. Depending on how complicated the case is, the probate process may take anywhere from a few years to decades.

What happens if you die without a will?

However, if the person died without a will ( intestate ), the state's intestate succession laws will be applied. If there is a will, the person who passed away will usually have named a specific person as an executor. This person is in charge of managing the decedent's affairs.

Is probate easy?

Navigating through probate is not an easy task. It requires you to know your state's specific probate rules and procedures. If you are an executor or are somehow involved in a probate process, speak to an experienced attorney near you to get proper legal advice. You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help.

Does an estate have to go through probate?

Whether or not an estate has to go through probate depends on the laws of the state. Some states, for instance, have simplified procedures to transfer property if the estate doesn't have enough money or if the estate's worth is under a certain amount.

What happens if a beneficiary passes away before the owner of the account?

If the decedent owned an account that named a beneficiary (such as a retirement account) but the beneficiary has passed away before the owner of the account, probate law requires that account to go through the court so that the funds can be passed to the person legally entitled to them under state law.

What happens to a payable on death account?

Payable on death accounts operate the same way. Real estate that is owned as joint tenants, or joint tenants by the entirety passes outside of probate as well. This type of property has two owners.

How to avoid probate?

One of the most popular ways to avoid probate is through the use of a revocable living trust. Assets are placed in the trust, but they can used by the trust creator during his or her lifetime. Upon death, assets in the trust are passed to the trust beneficiaries just by operation of the trust document. No probate is necessary.

What happens if a person dies without a will?

If a person dies and leaves a will, then probate is required to implement the provisions of that will. However, a probate process also can happen if a person dies without a will and has property that needs to be distributed under the state intestacy law (the law of inheritance).

Do you have to probate a will?

Some people don’t want to probate a will. There is no requirement that a will or property go through probate, but if the decedent owned property that is not arranged specifically to avoid probate, there is no way for the beneficiaries to obtain legal ownership without it. There are some exceptions to this.

Is probate a scary process?

With careful planning, probate can sometimes be avoided. Still, probate doesn't have to be a scary process. Probate sounds like a complex and expensive process. However, probate is actually a very common legal procedure and is the way that some assets must be formally passed from the person who is deceased to his or her heirs or beneficiaries.

How to avoid probate when you pass away?

Another method for avoiding probate is to convert bank accounts and retirement accounts into pay-on-death accounts , which is a relatively simple process. Typically, it is as simple as completing a form that names a beneficiary for those particular accounts. Like joint ownership, when you pass away your beneficiary will automatically own the property without having to go through probate. The same can be done for vehicles in some states and certain securities. It is also possible to create a special deed in some states that allows you to transfer real property to the beneficiary named in the deed.

What happens when a loved one passes away?

When a loved one passes away and they leave behind a last will and testament, it needs to be submitted to the probate court in order for your loved one’s last wishes to be fulfilled. The will must also be presented to the probate court so the court can appoint the executor. Assets must be located and protected so that they can be used ...

What are the advantages of trusts?

Trusts allow estate assets to be transferred to heirs, much like a last will and testament. But, trusts bring with them many advantages that using a last will and testament does not. For instance, trusts can be created to hold property so the property is not in your probate estate upon your death. The trustee of the trust owns the trust property once the trust has been funded. Trusts, like wills, still allow you to choose precisely how your property needs to be distributed after your death. At that point, your trustee can quickly and simply transfer the property from the trust to the selected beneficiaries, or hold the property in trust for them if they need asset protection. There is no need for the lengthy probate process. This can also be a benefit for purposes of the federal estate tax.

Can you probate a gift while you are alive?

Avoiding Probate With Gifts. One strategy that you can use while you are still alive is transferring property to your heirs or beneficiaries as gifts. You can use this method for any type of property. Because you no longer own the property at the time of your death, the property does not need to go through the probate.

Can a trustee transfer a trust to a beneficiary?

At that point, your trustee can quickly and simply transfer the property from the trust to the selected beneficiaries, or hold the property in trust for them if they need asset protection. There is no need for the lengthy probate process. This can also be a benefit for purposes of the federal estate tax.

Do estates need to go through probate?

Generally speaking, most estates need to go through probate, regardless of the nature or amount of assets.

What can an executor do to determine the value of a decedent's estate?

To calculate that value, the executor can take an inventory to see what probate and nonprobate assets make up the decedent's estate. Certain assets — living trust property and assets with a beneficiary designation, like a life insurance policy — aren’t part of the probate estate.

What happens when a person dies and a will is written?

When the person who wrote the will (called the testator) dies, their executor must decide how to settle the estate, including whether or not probate is necessary. Probate is the legal process of administering the decedent's assets, and it can be straightforward, arduous, or even unnecessary — states usually offer multiple types ...

What is probate law?

Each state has probate law that details what types of probate procedures are available and what types of estates qualify. In general, larger, more complex estates require a more formal probate process, which may even require supervision from court or the assistance of a probate lawyer.

Can an executor of an estate file a lawsuit?

An executor who does not fulfill their fiduciary duty to an estate may open themselves up to a lawsuit, according to FindLaw. If the executor doesn't initiate probate and petition the court for letters testamentary, then they won’t have the legal capacity to handle the decedent's estate.

Do executors have to file last will and testament?

However, the executor may still be required to file the decedent's last will and testament with the court or record office regardless of the type of probate administration used to settle the estate. Eventually, a will becomes part of the public record .

Can an executor sue for negligence?

The decedent's heirs who are dissatisfied with the executor can petition the court for removal and even sue them for negligence. Make life easier for your loved ones by creating a strong will through Policygenius. Depending on the state, even when an estate is too small to necessitate formal probate, the executor may still be required to file ...

Do wills have to be probated?

A will doesn't have to be probated in some states when total value of the decedent's probate assets fall below a certain limit. The makeup of the probate estate and its value can help determine whether or not the will should be probated.

Can I file a will for probate?

The original of the Will, if available, must be filed for probate. If you hired the attorney and he is not returning your calls or answering your questions, you need to hire another attorney. I would send a letter to the current attorney requesting all original documents provided by you, and copies of all correspondence, memos, pleadings and other documents pertaining to your case be turned over to you and cancelling...

Can an attorney probate a will?

If you hired the attorney to probate a will, then the original would have been filed with the Court along with a number of other documents that you would have signed as the executor/personal representative of the estate. Your problem family member was probably contacted by your attorney as part of the probate process. It is common practice for an attorney to notify all beneficiaries that a will is being...