how to settle my parents estate without a lawyer

1. Organize Important Information. The first step (and one of the most important ones) in the process of settling an estate is getting organized.
2. Determine Need for Probate or Attorney Help. Depending on the type of Estate Planning that was set up, you may or may not need the help of a lawyer.
3. File the Will & Notify Necessary Persons. If there is a Will, it must be filed in the probate court. ...
4. Take Inventory & Appraise Assets. Take inventory of all assets to see what needs to be distributed. ...
5. Set Up a Bank Account. After you have what’s known as the Letters of Administration (which are granted by the courts and appoint one person or people authority to ...
Pay Taxes. File any necessary tax returns and ensure taxes are paid.
Pay Off Any Debts. Even though the person who borrowed and accrued debt is no longer living, most, if not all, of their debts will still need to be ...
Distribute Assets Accordingly. After debts and taxes are paid, and if probate is closed (if the estate needed to go through the probate process), then you can distribute assets ...
Close the Estate. Once all the above steps have been thoroughly completed, you can finally file a petition for discharge of executor responsibilities and ask the court to formally ...

Full Answer

Is it possible to handle an estate without a lawyer?

 · Although I would recommend that you discuss the matter with an atorney, there is no requirement that you retain an attorney for any legal matter. You have every right to represent yourself in court. I suggest that you seek guidance from the Surrogate's Court in the county in which your parents resided.

How to settle an estate in 9 Easy Steps?

 · Some probate situations require an attorney. For example, when a beneficiary or interested party contests a will, the court may hold a hearing on the contest. Some executors will choose to hire legal representation for this hearing. Further, sometimes debt becomes an issue for executors of estates.

How to avoid conflict during an estate settlement?

How to Settle an Estate Peacefully. By Angie Epting Morris. Many attorneys believe that most problems related to dividing an estate could be handled outside of …

How do I probate a will without a lawyer?

Checklist for Settling an Estate in 9 Easy Steps. 1. Organize Important Information. The first step (and one of the most important ones) in the process of settling an estate is getting organized. 2. Determine Need for Probate or Attorney Help. 3. File the Will & …

What to do if a deceased person leaves a will and a living trust?

If the deceased person left both a will and a living trust, as many people do, you'll need to work closely with your counterpart who's in charge of trust assets, the successor trustee. A living trust is like a will in that it lets someone leave property to named beneficiaries.

How to determine if a property is subject to probate?

To make this determination, you'll have to tally up the value of the property subject to probate, see how title is held, and learn your state's rules on what estates qualify for simplified procedures. If you need to conduct a probate court proceeding, you can probably get help from the court's website or other materials. You may also want to hire a lawyer to help with probate paperwork or to help solve any disputes among beneficiaries or creditors.

Do you have to file taxes for a deceased person?

You'll need to file income tax returns for the deceased person and possibly for the estate. The deceased person's tax preparer can be a big help here. If the estate was very large – over $5 million -- you may also need to file estate tax returns. Smaller estates may owe a separate state estate tax; it all depends on where the deceased person lived and owned property.

What happens if a beneficiary is unhappy?

Beneficiaries can grow unhappy—or suspicious of wrongdoing—when they aren't kept in the loop about what's going on with the estate. Even if nothing is going to happen for a while, let them know you're moving ahead as fast as you can to get them their inheritance. Don't surprise them with big moves like selling real estate—if they think you're incompetent or dishonest, they can go to court and try to have you removed.

How to notify beneficiaries of a probate?

Your court, or a lawyer, can help you notify beneficiaries. If the estate goes through probate, you'll have to send very particular kinds of notices to a certain group of people. Whether or not there's a court proceeding, it's always a good idea to be in regular communication with beneficiaries.

Do small estates owe state taxes?

Smaller estates may owe a separate state estate tax; it all depends on where the deceased person lived and owned property. 12. Distribute the assets. When the debts and taxes are paid, when the probate (if any) is closed, your last job is to distribute property to the people who inherit it under the will or state law.

How much does probate cost in California?

Unfortunately, California probate by itself comes with a lengthy list of required fees. For example, the initial probate petition filing fee in most counties is $435. Then, executors will face fees for filing the petition for final distribution, hearing fees, publication fees, and more! High probate fees take money away from the estate and, in turn, the beneficiaries; therefore, you want to avoid added costs everywhere you can. Luckily, avoiding lawyer for probate fees could have a major impact on the estate’s interested parties.

Can you settle an estate without a probate lawyer?

Best Reasons to Settle an Estate Without a Probate Lawyer. As executor of an estate, deciding whether to hire a lawyer for probate can be difficult. On one hand, you want to be sure you carry out your loved one’s wishes after their death. However, on the other hand, lawyers for probate are extremely costly – and often unnecessary!

Do probate courts have rules?

More specifically, every probate court has their own “ local rules ” which outline the appropriate and standard procedures specific to that court. For instance, your county court may require certain documents that other courts do not. Luckily, all of this information is available on your local court’s website.

Is probate expensive?

The probate process is long and sometimes seems overwhelming. It’s also very expensive, A People’s Choice saved me thousands of dollars as compared to an attorney. I would highly recommend A People’s Choice for your probate needs. It’s cost effective, and they handle the entire process from beginning to end!”.

Can a will be contested?

That said, many wills are incredibly simple. First, contested wills are much rarer than you’d think. Additionally, some estates can actually avoid probate altogether! For instance, for estates of a certain size, California offers “small estate” probate procedures. These legal proceedings often avoid the probate process and facilitate the distribution of assets within a 40-day period. In the cases of simple or small estates, self-representation is often a no-brainer.

Can a lawyer help with probate?

Ultimately, if you find your loved one’s estate too large or have trouble understanding probate law, you may benefit from hiring a lawyer for probate.

Can you save money by probate without a lawyer?

Believe it or not, attorneys fees account for the largest percentage of the cost of probate. Lawyers for probate are allowed to charge a certain amount in fees based on Section 10810 of the California Probate Code. However, the court may actually increase the mandated fees depending on the size of the estate! Thus, by completing the probate process without legal representation, you can save the estate thousands of dollars. For more specific data, feel free to use our online probate calculator to determine how much you will save by avoiding hiring a lawyer for probate.

What are the problems that arise at the time of a division or settlement of an estate?

Many of the problems that arise at the time of a division or settlement of an estate are caused by interference from spouses or children of the heirs, not the immediate heirs themselves.

What are the main causes of conflict during the division process of an estate settlement?

3. Most experts agree that personality differences are the main cause of conflict during the division process of an estate settlement. Without understanding these differences, keeping the peace and avoiding conflict will be much more difficult to accomplish.

Who should not participate in the divorce process?

All others (spouses, children, grandchildren, in-laws and friends) should NOT participate, especially at the start of this process. 2. A second major cause of conflict comes from the early removal of items from a home (or estate) without the overall consent and approval of all other heirs.

Can an estate be divided without an attorney?

Many attorneys believe that most problems related to dividing an estate could be handled outside of the courtroom. Those who counsel individuals about family feuds and personal conflicts that arise during estate settlements usually agree that most could be solved without attorneys if people would just listen to one another, communicate, ...

Can an innocent request from someone closely related to one of the heirs cause conflict?

Usually there is no intent to harm relationships, yet a seemingly innocent request from someone closely related to one of the heirs may cause pressure that eventually erupts into conflict. Rule # 1 - Only immediate heirs should be involved in the division process during the settlement of the estate.

How to close an estate?

Close the estate. 1. Organize Important Information. The first step (and one of the most important ones) in the process of settling an estate is getting organized. You’ll want to keep track of both your expenses and all the time you spend working on settling the estate, as you’re entitled to be compensated.

How long does an executor have to settle an estate?

In short, an Executor generally has as long as he or she needs to settle an estate, provided all statutory deadlines are met.

Can you distribute assets after a deceased person dies?

After debts and taxes are paid, and if probate is closed (if the estate needed to go through the probate process), then you can distribute assets according to the deceased party’s final wishes.

Do you have to pay off debt after you die?

Even though the person who borrowed and accrued debt is no longer living, most, if not all, of their debts will still need to be paid off. Luckily, the estate (not you personally) will pay the debts, so you don’t have to worry about anything other than figuring out what debts are owed to which companies. Read more about what happens to debt after you die for additional, more detailed information about how to navigate this portion of the estate settlement.

What do you do after a letter of administration?

After you have what’s known as the Letters of Administration (which are granted by the courts and appoint one person or people authority to deal with an estate), you’ll want to set up a bank account. Use this account to collect money that may be owed to the deceased person (i.e. any final wages or insurance benefits).

What to do if you don't live with the deceased?

There are other, practical things to do, too. If you didn’t live with the deceased and there is now an empty property, you should secure it by changing the locks. You want to take a detailed inventory of all his or her belongings. We’ll go more into detail about this below below, but you’re going to need to open a checking account that’s in the estate’s name - you’ll be paying for things like final bills, court costs, potential lawyer’s fees and more from this account.

How to find a will for a deceased person?

You should look for a Will. You’ll need access to several certified copies of the death certificate. You must notify financial institutions, including the bank, credit card companies and any investment firms. Be sure to inform the Social Security Administration, and know that you’ll need the deceased’s social security number to do so. Try to find a copy of the most current tax return, a birth certificate and any other important documentation.

When do you need a lawyer for probate?

We STRONGLY advise seeking legal counsel for probate if the estate is insolvent (more debts than assets).

What is the purpose of a representative in probate?

Additionally, the representative is also responsible to find out what debts the deceased had and devise a plan to pay those debts. Remember, only assets that pass through probate are liable to pay debts. Learn which assets pass through probate here.

What do you need to report a criminal case?

What you will need: Good documentation of what you have done and the court will provide you with a template to use to report your actions.

Can you change assets owned by a deceased person?

This may be the most straightforward part. With the court appointment, you will now be able to change assets owned by the deceased to the “estate of…”

Why do you need a lawyer for estate administration?

Using a lawyer to represent the personal representative reduces the risk of administrative error and helps maintain civility amongst the beneficiaries. Given the potential pitfalls in an estate administration, it is generally not worth the savings on legal fees when one attempts to do it on their own.

What is probate in Pennsylvania?

Probate involves following the proper procedures associated with management of the estate. Among those procedures are the legally required notices to beneficiaries, creditors and , in some cases, the Department of Public Welfare and the Pennsylvania Attorney General. Fail to follow one of the many rules and the personal representative can cost the estate time and money.

What happens if a personal representative cannot produce records of administration?

If the personal representative cannot produce accurate records of administration, he or she could face a claim for damages.

Does Pennsylvania have inheritance tax?

Pennsylvania has an inheritance tax . Even in estates where the tax percentage is zero, the tax return must still be filed. Make an error on the return, such as missing a deduction, the early tax payment period, or overstate the tax due, and you’ll cost the estate money. 3.

Is probate a bunch of paperwork?

There are those who think that probating is just a bunch of paperwork that can be acquired on-line. As an attorney who has probated hundreds of estates, take my word that the complex and frustrating issues that arise in estates go way beyond filing paperwork.

Do it yourself probate?

However, probate – the court monitored process of distributing the assets of a deceased – can become a headache for the inexperienced. There are those who think that probating is just a bunch of paperwork that can be acquired on-line.

Do siblings need a lawyer?

While many insist that their siblings all get along and there is no need to hire a lawyer, the reality is that the dynamics change between the siblings once the parents die. The money associated with an inheritance can further inflame fractured relationships between the siblings and make serving as a personal representative a thankless task. Using a lawyer to represent the personal representative reduces the risk of administrative error and helps maintain civility amongst the beneficiaries.

Do you have to give consent to a lawyer to text you?

You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary.

Does an estate have a business?

The estate doesn't contain a business or other complicated asset. Managing, appraising, and selling a business are all tasks that require some expertise and experience. You'll probably want expert advice.

Does an estate have enough money to pay debts?

The estate has enough assets to pay its debts. In this case, you don't have to worry about paying legitimate debts—there will still be money left over for the inheritors. 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.

Is probate easier in states?

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.

Do you need probate if you have a trust?

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.

Can you transfer property without probate?

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.

Can you probate an estate without a lawyer?

When You Can Probate an Estate Without a Lawyer. Here are some circumstances that make you a good candidate for handling the estate without a professional at your side. Not every one of them needs to apply to your situation—but the more that do, the easier time you will have.

What happens when a family member dies?

Dealing with a family member’s death can be a double cruelty. There is the emotional loss. Then, that’s often followed by the monumental task of dealing with the deceased’s estate—you might have to figure out how to sell their home (here’s how to find a real estate agent in your area) and sort through any property or possessions left behind—especially if there’s no will.

Does an estate include debt?

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.