Finding the lawyer requires research and detective work, but public records often aid the search. Courthouse Search Go to the county courthouse in the county where the deceased person lived. Search the civil litigation, family law and criminal court records by party name to see whether any records contain the deceased person's name.
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Ask employees at the records clerk's office how to locate and access the file. Once you have the file, search it for the name of any lawyer or law firm that is listed as attorney of record for the deceased. Copy this information.
If the death was unexpected and there are immediate needs that must be addressed, you’ll need to call a local estate planning attorney about your options after you’ve ensured the child, dependent, or animal is cared for.
For decedents who had an estate plan, that plan will often include the name of the funeral home they’ve selected. You’ll usually find this information in the letter of instruction, advance medical directive, or the last will and testament. 4. Obtain a Pronouncement of Death
When a family member dies, you, or someone else close to that person, will want to take some basic steps fairly quickly. While you are not generally legally obligated to take these steps, getting them out of the way will make it easier for you and everyone else involved. 1. Contact Family and Loved Ones
Other Types of Expert Help With Estate Administration. Lawyers aren’t the only experts who can help you with estate administration work. You may turn to other types of professionals for assistance with particular tasks, including: accountants or other tax professionals. appraisers.
Smaller estates are less likely to involve some of the complications that call for expert advice or assistance, such as when: someone is threatening to contest the will or trust in court. the estate includes a business, commercial real estate, or unusual assets that may be difficult to distribute among beneficiaries.
The type of help an attorney provides will usually depend on the make-up of the estate. But it also may vary depending on the executor’s or trustee’s specific skills or circumstances. For example, if the executor or trustee is an accountant, the estate may not need any additional tax advice.
the estate may owe state or federal estate taxes, or. a complex or ongoing trust needs to be administered, such as a trust for minor children or a special needs trust. Also, states have simplified shortcut probate procedures for settling small estates.
Even though you don’t have to pay the cost of hiring a probate or estate administration lawyer out of your own money, it’s your responsibility as the executor or trustee not to waste estate funds. (You’re also likely to be a beneficiary yourself, which provides even more incentive to save money for the estate.)
But if it looks like there won't be enough money in the estate to pay debts and taxes, get advice before you pay any creditors. State law will set out the order in which creditors get priority, and it's not always easy to figure out how to parcel out the money. The estate won't owe either state or federal estate tax.
More than 99% of estates don't owe federal estate tax, so this isn't likely to be an issue. But around 20 states now impose their own estate taxes, separate from the federal tax—and many of these states tax estates that are valued at $1 million or larger.
Probate is easier in states that have adopted the Uniform Probate Code (a set of laws designed to streamline probate) or have simplified their own procedures. The estate doesn't contain a business or other complicated asset.
But you won't need probate if all estate assets are held in joint ownership, payable-on-death ownership, or a living trust, or if they pass through the terms of a contract (like retirement accounts or life insurance proceeds). The estate qualifies for simple "small estate" procedures.
Many executors decide, sometime during the process of winding up an estate, that they could use some legal advice from a lawyer who's familiar with local probate procedure . But if you're handling an estate that's straightforward and not too large, you may find that you can get by just fine without professional help.
Most or all of the deceased person's property can be transferred without probate. The best-case scenario is that you don't need to go to probate court, because assets can be transferred without it. This depends on the planning the deceased person did before death—you can't affect it now.
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If the decedent left an estate plan, that plan should directly address such issues. But if it doesn’t, or if there is no plan, you’ll have to act. If the death was unexpected and there are immediate needs that must be addressed, you’ll need to call a local estate planning attorney about your options after you’ve ensured the child, dependent, or animal is cared for. In these situations, you may have to ask a court to issue emergency orders to ensure the protection of the minors or dependents.
(Decedent is a legal term for a deceased person.) Contact family members and close friends first, but after that , you should notify the decedent’s employer, personal physician, attorney, accountant, and anyone else closely involved in his or her life, or anyone who might have important information.
This process begins when you file a document (usually called a petition or application) with the probate court in the county in which the decedent lived. The document will ask the court to open a new probate case and name an estate administrator to manage it. When you file the petition, you usually ask the court to name you as executor, but you can also ask the court to name someone else.
Unsupervised formal probate requires executors to get court approval for specific actions, such as using estate funds to pay creditors or distributing assets to beneficiaries. Supervised Formal. Formal probate is the most rule-intensive probate process, and has the most court involvement and supervision.
One of the most important parts of the estate settlement process is conducting an inventory or assessment of exactly what the decedent left behind. Whether it’s real estate, investments accounts, cash, valuable personal items, or anything else, the estate inventory must include everything. This inventory, and the determination of the estate’s final value, becomes the basis for most of the remaining process. You’ll use it to determine how much the estate is worth, whether the estate owes taxes, whether there are enough assets to pay creditors, and how much you’ll have to distribute as inheritances.
After you’ve transferred the body to a mortuary or similar facility, you’ll also have to begin preparing for a funeral, cremation, or burial ceremony. You can usually wait a couple of days or more before you begin making these plans, and can use that time to determine if the decedent left behind any instructions. Follow the decedent’s wishes, if you know them, or the instructions left behind in the estate planning documents. If you don’t have guidance, you’ll have to make the plans on your own, or coordinate with other family members and loved ones.
Once everything is disposed of, or ready to be disposed of, the administrator will have to file a report with the probate court for approval. The report will detail the inventory, list the creditors, and show how all the assets will be disposed of. Once approved, the administrator will transfer the assets and the estate will be closed.
Selling to dealers rather than collectors. Most people consider selling first to dealers, but remember this: A jeweler will pay less for your jewelry than an ordinary consumer who just loves it. A jeweler wants to make a profit; a consumer just wants that lovely piece you have.
We’ve gone over the profitable elements of an estate. But remember, an estate includes debts as well. According to the Federal Trade Commission, in the U.S., family members of the deceased are not responsible for paying the deceased’s debts. (That’s in most cases.) Debts should be paid from the deceased’s estate.
An executor is the person named in the will to serve as the personal representative of an estate. They handle all the administrative tasks of the estate during the probate process, including communicating with the probate court, creditors, and beneficiaries named in the will.
The days immediately following a parent’s death may be wretched — especially if their passing was sudden. As executor, you’ll need to manage some things right away. Other tasks can wait a bit and will be spread out over the next few months.
Unfortunately, some tasks must be handled quickly after a death. If there are family and friends that can help you bear the load, reach out to them and ask for support. Delegate tasks that are too emotionally challenging.
The probate process may last for several months or even years, depending on the complexity of the estate and whether conflicts arise among loved ones.