Lawyers usually use one of three methods to charge for probate work: by the hour, a flat fee, or a percentage of the value of the estate assets. Your lawyer may let you pick how you pay—for example, $250/hour or a $1,500 flat fee for handling a routine probate case. Many probate lawyers bill clients by the hour.
You are not required by law to hire a probate lawyer, but it may be in your best interest to do so since the probate process can get complicated. Whether or not you decide to hire an attorney will depend on the specifics of the case and what is included in the probate estate.
Generally speaking, probate lawyers, also called estate or trust lawyers, help executors of the estate (or “administrators," if there is no will) manage the probate process. They also may help with estate planning, such as the drafting of wills or living trusts, give advice on powers of attorney, or even serve as an executor or administrator.
Do I need an attorney for a probate case? ​Individuals involved in probate cases have the option of hiring an attorney but are not generally required to be represented by an attorney. Probate Court forms are designed to be user-friendly, and court staff may offer limited assistance in completing required forms.
The cost of probate in Connecticut largely depends on the following factors: How large the estate is - previous law maxed capped fees at $12,500, but in 2015 that cap was removed; now estates exceeding a $2M value will pay a flat rate (currently $5615) plus an additional ½ percent of the gross estate value over $2M.
If no will exists, the property is divided according to Connecticut law. The Probate Courts ensure that any debt owed by the deceased person, funeral expenses and taxes are paid before the remaining assets are distributed. Often a family member or friend is responsible for settling the affairs of the estate.
Step 1: File the Will and “Petition/Administration or Probate of Will,” Probate Court form PC-200, within 30 days of the decedent's death. A petition for administration or probate of Will should be submitted to the Probate Court within 30 days of the decedent's death. ... Step 7: File tax returns and pay applicable taxes.More items...
In Connecticut, you can make a living trust to avoid probate for virtually any asset you own—real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
In Connecticut, you can expect it to take a minimum or about six months to probate even a relatively simple estate if that estate is required to go through formal probate. Creditors have three months from the date notice was provided within which to file claims against the estate.
$40,000"Probate" is ONLY required by law if the person who dies, with or without a will, owned real estate (not just a life use) that does not pass by the deed to the "surviving" joint owner, OR owned $40,000 or more of other assets that also don't pass by beneficiary or joint ownership to another person.
At present, only estates valued at $2,000,000 or higher have Connecticut estate tax exposure. Those estates must file the Connecticut return with the Department of Revenue Services. Estates valued at less than $2,000,000 need only file the return with the probate court.
If any of the following apply to a beneficiary-designated account/policy, it must go through probate:The beneficiary is the decedent.The beneficiary is the decedent's estate.No beneficiary is designated.The beneficiary is deceased.The designated beneficiary cannot be located.
Not all estates need to go through full probate. For instance, in Connecticut, if the decedent's solely-owned assets include no real property and are valued at less than $40,000 – which is the state's “small estates limit” – then the estate can be settled without full probate, under a much shorter and easier process.
No, all Wills do not go through probate. Most Wills do, but there are several circumstances where a Will could circumvent the entire process. Some property and assets can avoid probate, and while the actual rules may vary depending on the state you live in, some things may be universal.
In order to prepare your probate application and tax forms, you'll need to track down some key details about the estate. This includes things like debts, tax owed, gifts made in the last 7 years, shareholdings, investments, life insurance, pensions, and the balance in any bank accounts.
Experienced probate attorneys and paralegals that provide full-service legal assistance to our clients to help them through the Connecticut Probate process from start to finish. Our attorneys practice regularly in the Connecticut probate courts.
We understand that probate is not something you encounter every day and therefore it can be overwhelming. We deal with probate daily and know how to navigate probate efficiently and effectively, all with sensitivity to your individual situation.
All attorneys charge for services differently, sometimes a flat fee, an hourly rate, or percentage of the estate. We offer a free consultation to hear about your individual circumstances so we can determine a fee that is most fair for your situation.
Your individual attorney and dedicated probate paralegals will help coordinate everything that needs to be done from start to finish. We’ll summarize what needs to be done, continue until the estate is closed, and finish when there is nothing more for you to do.
Timely communication is important to us. We are available to communicate with our clients by phone, email, video conference or in-person - whatever is preferred by the client.