what info does a probate lawyer need

The probate attorney will have to inform the court what assets were owned by the decedent

at the time of death. Any and all information you can find regarding the assets will be helpful to the attorney. This may include deeds, property information, financial planner contact information, and other documents.

Full Answer

What should I look for in a probate lawyer?

"Have You Worked on Cases Similar to Mine?" Any probate lawyer you work with should have at least several years of experience. If your case is complicated, you should also make sure they have worked in similar circumstances. This way you know they can handle any problems that come up along the way.

Do I need a probate lawyer?

You might have decided that you need a probate attorney's help, but you can still take some matters into your own hands. If you take the time to select a good lawyer, prepare well for your first meeting, and do everything you can to reduce the time that your lawyer will have to spend, you can often save yourself some money.

What documents do I need to file for probate?

These include: 1 The original last will and testament (or a copy, if the original has already been filed with the probate court) 2 Copies of any documents from the probate court 3 Copies of any living trust documents, if there was a living trust More items...

What should I bring to my first meeting with a probate attorney?

Meeting with a probate lawyer can be overwhelming and it's easy to forget things during the meeting. Whether it's your first meeting with the probate attorney or your fifth, it helps to bring a list of written questions to each meeting. This ensures you won't forget to address any important topics.

What Does a Probate Attorney Do?

Also known as a probate lawyer, probate attorneys are hired to help settle an estate. After the death of a loved one, their Estate Plan dictates the next steps. If they have a Will, probate will be necessary. Trusts won’t go through probate, which can sometimes make the process a bit less complicated and much more private. But even if there is only a Trust involved (and not a Will, thus no probate), a probate attorney could still help the Trustee administer the Trust.

Who does a probate attorney represent?

Who does a probate attorney represent? Probate attorneys generally either represent an heir to an estate (a beneficiary) or the personal representative or the estate itself. Though it rarely happens, they can occasionally play more than one role.

How long does probate take?

This one can widely vary. It’s not often that a probate case takes years, but it’s been known to happen. The longer things drag on, the more expensive they can become - knowing ahead of time how long your attorney estimates the process to be can be helpful (particularly if they will be charging you hourly). Keep in mind, there can be unanticipated delays that arise.

How stressful is probate?

Probate can be long, arduous and stressful...not to mention expensive and time consuming. Navigating it on your own can feel like just too much after losing your loved one.

When does probate begin?

If needed, probate begins soon after you lose a loved one. Probate is a legal proceeding validating a Will (in cases where the decedent has one) to settle an estate. If the decedent passes away without a Will (or other Estate Plan in place), it’s said he or she died intestate, and the estate would go through probate in this instance, too.

Can a decedent have probate?

If the decedent had just a Will, there’s no way around it: you’re going to have to deal with probate. So the next logical step is to evaluate how complicated the estate is, and thereby how difficult probate will be. Obviously, the more complicated an estate is, the more alluring an attorney may seem. If the decedent had a well-set up Trust in place, on the other hand, a probate attorney may not be necessary at all.

Do probate attorneys charge for estate planning?

Probate attorneys are qualified to help with the actual Estate Planning process too, although they tend to charge a high fee for the basics like setting up guardianship, creating a Will or writing a Trust. Online companies like Trust & Will make personalized Estate Planning easy, convenient and affordable, all without the involvement (and cost!) of an outside attorney.

What Does a Probate Attorney Do?

In the simplest situations, they are knowledgeable on probate law and the nuances of specific state laws, and they may give legal advice, answer questions or direct the personal representative through the steps to complete the probate process.

Who is responsible for probate?

There are numerous steps to the process which the personal representative is responsible to complete. They can also be held liable for mistakes that may occur during the process. A probate lawyer can help them navigate this complicated situation.

What does a lawyer do after a will is paid?

Once the debts and taxes have been paid, the lawyer can help transfer assets from the decedent to the beneficiaries according to the directives in the will or according to state laws. They may be responsible for distributing the assets and closing probate for the estate once everything is finished.

What can a probate lawyer do to help pay debts?

Once the inventory is complete and creditors have been notified, the probate lawyer can help pay the debts of the estate. They may also assist with selling off assets to pay those debts if there aren’t enough liquid assets.

What happens if a contract is needed during probate?

If a contract is necessary during probate, a probate attorney may need to draft the document. For instance, a group of three siblings each inherits their parents’ home. Two of the siblings want to sell, but the third sibling wants to live in the home. The other two would need to sell their portions to the third sibling. A contract would be necessary to sell the property to the third sibling.

What happens when a business is owned by a deceased person?

When an estate includes a business owned by the deceased, a lawyer is often needed to close the business, sell it or transfer ownership legally. If the business was a partnership, the decedent’s portion must be sold or transferred to the partner.

Do you need a probate attorney for an estate?

Not all estates will need to hire a probate attorney. If the assets include a named beneficiary and the estate is below a certain dollar amount for value, the personal representative may not even need to go through probate.

4 attorney answers

To the extent that the lawyer is doing the work of the personal representative, he/she might need all of the above. If the lawyer is merely filling out the requisite forms, etc.

Jefferson W. Boone

Depends on the scope of services to be rendered by the attorney as administration could result in helping set up rollover accounts for IRA's or other pension plans for one.

John P Corrigan

The only documents that the attorney absolutely needs is a will (if there was one) and a certified copy of the death certificate (and sometimes a death certificate for a pre-deceased spouse). Beyond those documents, copies are fine.

What to do if you are required to appear in probate court?

If you are required to appear in probate court, the best thing to do is familiarize yourself with the probate documents you will be responsible for. While this may seem challenging, the information listed below should help you prepare.

What can you distribute before probate court?

Distribute Inheritances: There are certain belongings and assets you may be able to distribute to heirs and beneficiaries before probate court, such as personal belongings and mementos.

How does probate work?

The probate process begins when an individual (usually a spouse or adult child of the deceased) files an application with the county court and submits the deceased person’s Will and death certificate. The court will then step in to validate the Will and appoint the named executor. At this point, either the executor will take over ...

What is probate after death?

Probate refers to the legal process that must take place after an individual’s death to enforce their Will, supervise the distribution of assets, and more. Many individuals find themselves confronted with these proceedings following the death of a loved one. Because this is often an emotionally difficult time, it can be helpful to know ...

What to do after you have paid all debts?

Submit Records to the Court: After you have gathered all assets and paid any debts, you will need to submit receipts and records to the probate court . This will lead to the Estate being closed, and ...

What is the first step in probate?

Notify Beneficiaries and Creditors: The first step in the probate process is to alert any heirs or beneficiaries about the deceased. You should also notify creditors, or anyone who has a financial interest in the Estate. Some states will even require you to publish a notice in the local newspaper.

Do you have to testify in probate court?

Probate court can also be required if there are disputes around the validity of a Will. If this is the case, you and other witnesses may be required to testify in court that you did or did not see the signing of the Will . Most Estate Planning aims to prevent these challenges, but they can still arise from time to time.

Why do you need to prepare for a probate meeting?

If you take the time to prepare for your meeting with a probate attorney, it helps ensure the meeting is useful and productive. Walking into the meeting with the right documents enables the lawyer to get a complete and accurate picture of the estate. This means he can get to work on the matter immediately. And having a written list of questions ...

What do you need to do if you are the executor of an estate?

If you're the executor of an estate, you may want to hire a probate attorney to help you administer the estate. When hiring a probate lawyer, there are several things you can do to prepare for your meeting.

What is a copy of a will and testament?

The original last will and testament (or a copy, if the original has already been filed with the probate court) Copies of recent financial statements for the deceased, including bank accounts, investment accounts, retirement accounts and life insurance policies.

What is a copy of deeds?

Copies of deeds to any property owned by the deceased. Copies of any gift tax returns if there were any. Copies of any bills that are owed, including mortgage and loan statements, credit card statements and condo fees. A list of the names and addresses of all beneficiaries.

Do you need a power of attorney to bring a will?

You don't need to bring the power of attorney document, revocable will or other advance directives. These documents became invalid upon the person's death.

How long does it take to get a death certificate?

1. Death Certificate. It usually takes between 2-4 weeks to obtain a death certificate from the county. You certainly are not required to wait until you obtain a death certificate before you go see the probate attorney, but one will be required in order to complete the paperwork for the Court. Generally, the law office will retain ...

Do you need to bring address book to relatives?

Address book. Bring you address book for the relatives of the decedent. It may be required to provide notice to relatives (even if they are not named in the will or trust). The court requires that they receive notice at the last known address.

What is probate attorney?

Probate attorneys focus on estate planning, wills, and trusts, but there are significant differences in their areas of expertise.

How much does a probate attorney cost?

Hourly rates for probate attorneys typically start around $150 and are billed in fractional increments. However, some lawyers may represent clients for a flat rate. Before going this route, it’s essential to determine what is and isn’t covered. Probate attorneys in seven states, including California and Florida, can base their fees on the value of the estate. Typical rates range from 2% to 7% of the estate’s gross value. In addition to attorney fees, you will be responsible for probate costs, which may include court fees, appraisal fees, and recording fees for property deeds.

What happens when a person dies?

When a person dies, they leave behind memories for their loved ones to cherish. They also typically leave behind an “estate,” which consists of property, bank accounts, and other assets. They may also leave behind debts—sometimes substantial ones. If the person drafted and signed a will, and if the terms of the will and dynamics among the beneficiaries are fairly simple and straightforward, the will’s executor may be able to distribute the estate easily. But if there is no will, or no beneficiaries, or if the decedent has left unpaid debts, the process of probate will be needed to facilitate the settling of debts and/or the distribution of the estate. Probate is also needed to transfer ownership of property to a beneficiary if the property was solely owned by the decedent. And when probate is required, hiring a probate attorney is a good idea. A lawyer who deals with probate will know how to manage estate taxes, access all the estate’s assets, file probate documents correctly, and act as a buffer between feuding family members, if needed. And, most importantly to many who make the wise decision to enlist legal counsel for probate, a probate lawyer can expedite the notoriously slow probate process, and bring closure and peace of mind to everyone involved. Here is how to hire and work with a probate attorney.

What to do if someone close to you dies?

If a relative or a person close to you has died, you may need help dealing with that person’s assets and debts. This is especially true in these kinds of situations:

How much should an executor be paid?

Though the percentage varies from state to state, many states specify that the personal representative should be paid 1% to 4% of the estate’s gross value—and this percentage goes down as the total estate value goes up.

Is it easier to settle an estate?

Small estates that hold conventional assets, such as a home, vehicle, and financial accounts, often are easier to settle, especially if family members are in agreement and the decedent resided in a state that follows the Uniform Probate Code. However, things can become complicated very quickly if there are disputes, substantial debts, or high-value assets that may trigger estate taxes.

Is probate a primary practice?

Ideally, probate and estate planning should be the attorney’s primary practice area. Prospective clients should check online reviews and testimonials and look for information about an attorney’s professional-association memberships before making a hiring decision. Most probate lawyers offer free consultations, or charge a nominal fee for an initial consultation. The consultation is a good opportunity to ask questions, request referrals to past clients, and discuss the probate attorney’s case history and successes.

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.

How to find a good estate lawyer?

Expertise. Specifically, find out if the lawyer will handle a case like yours. Trusts and estates lawyers often specialize in a particular area— in estate planning, probate, trust administration, special needs issues, elder care, or other specific legal issues. You want an attorney who is experienced in the area you need, but not necessarily highly specialized in other areas—otherwise you might end up paying a higher rate for specialization that doesn’t apply to your situation. You could ask how many similar matters the lawyer has handled, or what percent of the lawyer's practice is in the area of expertise that you need.

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 with a lawyer?

To save money and to make the most of your time with your attorney, learn about your legal issue before you talk with the attorney. For example, if you’re interested in estate planning, learn the difference between a will and a living trust. Or, if you’re looking for a lawyer to help with a probate proceeding, take a bit of time to learn about probate, what a probate lawyer does, and what parts of a probate proceeding you might be able to take care of yourself.

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.

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 are the requirements for probate?

The probate court will only require a date-of-death value for the decedent's probate assets to be listed on the estate inventory. If the decedent's estate is taxable—on the federal or state level—then the date-of-death values will also need to be established for the decedent's non-probate assets. These assets will include those owned as: 1 Tenants by the entirety 2 Joint tenants with right of survivorship 3 Payable-on-death accounts 4 Transfer-on-death accounts 5 Life insurance 6 Retirement accounts, including IRAs and 401 (k)s 7 Annuities 3

Who is required to sign probate documents?

The decedent's heirs at law will be required to review and sign the documents required to open the probate estate if there isn't a last will. 1 

What is the job of executor of a business?

It is the executor's job to figure out what bills the decedent owed at the time of death.

What does a personal representative have to do before making a distribution?

The personal representative or executor must be certain that every single expense of administering the estate and all taxes have been paid before making any distributions, or that enough assets have been set aside to pay the final bills and taxes.

What is the first step in probating an estate?

The first step in probating an estate is to locate all of the decedent's estate planning documents and other important papers, even before being appointed to serve as the personal representative or executor.

What is the executor responsible for?

The executor will also be responsible for paying the ongoing expenses of administering the estate, including legal fees, accounting fees, utility bills, insurance premiums, and mortgage payments.

What is included in a decedent's inventory?

This inventory will also include information about the decedent's debts, such as utility bills, credit card bills, mortgages, personal loans, medical bills, and the funeral bill.