what information does a probate lawyer need

Things to bring to the probate attorney

1. Death Certificate. It usually takes between 2-4 weeks to obtain a death certificate from the county. You certainly...
2. Banking Information. Gather and bring with you a copy of each statement of the decedent. The most recent statement...
3. Retirement statement. Most retirement benefits will end upon the death of the decedent...

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 lawyer for probate?

Do I Need a Lawyer for Probate? Do I Need a Lawyer for Probate? 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.

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.

Will preparation questions?

5 Questions An Attorney Will Ask When Drafting A WillWhat Do You Hope To Achieve With A Will? ... What Is Your Family Situation? ... What Assets Do You Own? ... Where Do You Want Your Assets To Be Distributed? ... Who Will Be Responsible For Your Estate?

How do you get around probate?

The Top Three Ways to Avoid ProbateWrite a Living Trust. The most straightforward way to avoid probate is simply to create a living trust. ... Name Beneficiaries on Your Retirement and Bank Accounts. ... Hold Property Jointly.

Can you empty a house before probate?

That answer is simple: no. The executor will have to wait until the probate process is over before disposing of assets.

Who decides if probate is needed?

Whose responsibility is it to get probate? If the person who died left a valid will, this will name one or more executors, and it is their responsibility to apply for probate. If there isn't a will, then inheritance rules called the rules of intestacy will determine whose responsibility it is to get probate.

What is a Probate Attorney

A probate attorney is a state-licensed lawyer who can help the Executor of a Will (if one was appointed) or the beneficiaries of an estate get through probate as they work to settle an estate.

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.

Do I Need a Lawyer for Probate?

Whether or not you need a probate lawyer will depend on multiple factors and scenarios. You’ll want to consider things like:

Questions to Ask a Probate Attorney

If you do end up using a probate attorney, there are a few things you should know before retaining one. Asking questions up front will ensure there are no (costly) surprises along the way. Use the following list to help you find an attorney who will be the right fit for your exact needs.

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 is a Probate Lawyer Supposed to do in the Probate Process

A probate lawyer is an attorney who offers legal counsel and assistance to the personal representative or executor of an estate throughout the probate process. Probate is a complicated process that can take months to complete or even years in some cases.

Is a Probate Attorney the Same as an Estate Attorney?

A probate lawyer may also be known as an estate attorney. The two terms technically mean the same thing. Sometimes people associate an estate attorney with a probate process that is larger and has more assets.

What Does a Probate Attorney Do?

The role of a probate attorney can vary, depending on the size and complexity of the estate. 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.

What Information to Know Before Contacting a Probate Attorney

Before you contact a probate attorney, you should know what you need them for. It’s helpful to have an idea of the assets owned by the estate and if you anticipate problems with beneficiaries or other involved parties.

When You Will Likely Need a Probate Attorney

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.

How a Probate Lawyer Advises and Assists a Personal Representative

Sometimes a personal representative may want to hire a probate lawyer to assist them through the probate process. They know they are responsible for the handling of the estate and may not feel comfortable with the weight of that task alone.

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.

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 the number to call for probate?

1-800-959-1247. What You Should Know About the Probate Process. When someone dies, their estate assets must be dispersed according to the instructions in the will or living trust. If the decedent didn’t leave a will or set up a living trust, then the probate court must determine who receives the assets.

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.

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.

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.

How long does an executor of an estate last?

In a small estate, this could take only a couple of days. In a large estate, it could last for several months.

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.

How to probate an estate?

If you’re managing an estate like these, you don’t need to hire a probate attorney: 1 The estate is simple, with common assets like property (a house), bank accounts, investments, etc 2 The estate is a small estate that is eligible for simplified probate procedures. Click here to find out more about probating a small estate. 3 All the interested parties agree on the basic points — that the will is valid, who the executor will be, or if there is no will, who the administrator will be and how assets should be managed and distributed 4 The estate has enough assets to pay its debts 5 The estate isn’t going to owe estate taxes (either state or federal). Most estates that are large enough to owe federal estate tax would be complex enough to benefit from an attorney, but some states have relatively low estate tax exemptions. 6 Probate isn’t required because all assets are being transferred automatically, through joint ownership, payable on death accounts, or living trusts. Check out our article on which assets go through probate.

What are the steps of probate?

Whether a valid will exists or doesn’t exist, the basic steps of the probate process are the same: Petition the court to become the legal representative (executor or administrator) Notify heirs and creditors of the opening of an estate. Change legal ownership of assets from the deceased to the estate. Pay funeral expenses, taxes, and debts.

What does it mean when an estate is insolvent?

The estate is insolvent, meaning it doesn’t have enough assets to cover its debts and taxes. The estate is being contested. The estate is being probated in a state that requires an attorney by law — Florida, Texas, Missouri, and Mississippi.

What is probate in a will?

Probate is a fancy word for the process of proving the validity of a will. A probate judge reviews the will, appoints the executor, and oversees the payment of debts and distribution of assets in accordance with the terms of the will.

Does an estate have to pay taxes?

The estate has enough assets to pay its debts. The estate isn’t going to owe estate taxes (either state or federal). Most estates that are large enough to owe federal estate tax would be complex enough to benefit from an attorney, but some states have relatively low estate tax exemptions.

Do estates require an attorney?

As you can see, the majority of estates don’t require an attorney. While hiring an attorney could provide some peace of mind that the probate process is being handled appropriately, that’s some expensive security. And there are other ways to make sure you’re on the right track.

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.

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.

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.