when should i hire a lawyer for probate

Probate lawyers can answer your questions

No matter the size of the estate, you or the other beneficiaries will undoubtedly have legal questions at some point during the process. Don’t find the answers to complex legal questions from Google. Instead, hire a lawyer who is knowledgeable about the process to advise you.

Probate lawyers can reduce family conflict

Even the best families may have conflicts arise during emotional times. Hiring a probate attorney is a great way to prevent tense situations from occurring. There will be no question of the executor not properly handling the estate because a legal expert is overseeing the process.

Probate lawyers can help deal with debts

Did your loved one have debts or a complex financial situation at the time of their passing? Sometimes these debts come out of the estate, but each case is different. A probate attorney will make sure all debts are considered, including taxes, personal loans, and funeral expenses.

Probate lawyers can get the wheels of the process moving faster

Probating can be a lengthy process. It hardly ever happens faster than three or four months and may take up to a year, but hiring a probate attorney may make the process go much faster.

A probate attorney may prevent lawsuits and claims against the estate

Unfortunately, money sometimes brings out the worst in people. Some use this opportunity to punish others for past wrongs, whether they were intended or not. Having a third party with no financial stakes in the matter may reduce the likelihood of lawsuits and claims against the estate.

When should you hire a probate lawyer?

If you recently lost a loved one, you may be experiencing one of the most stressful times of your life. Instead of struggling through months of phone calls and paperwork, consider hiring a probate attorney who will take care of roadblocks, smooth tensions in the family, and complete the process faster than you would be able to on your own.

Paige Brown

As Content Editor, Paige Brown creates, curates, edits and publishes content for RISMedia’s ACESocial platform. She also helps develop marketing materials and email campaigns, as well as online news, blogs and profiles for Real Estate magazine. Paige graduated from Central Connecticut State University with a B.A. in Journalism and Public Relations.

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Why do you need a lawyer for probate?

But you may only need to hire a lawyer if the estate assets you are handling are unusual or the estate is too large. You may not need a lawyer if most of the points below apply to you:

Do you need a probate lawyer if you have no will?

You definitely need to hire a probate lawyer if the decedent died without a Will . The reason for this is that disputes over inheritance are more likely in a situation where there is no Will.

I have probate notes, do I need a probate lawyer?

Probate notes are a normal part of the probate administration process. When you file your Petition for Probate, the probate examiner may issue “probate notes” that ask for additional information or clarification. Then it’s your job to file a supplement to answer the examiner’s questions.

What are probate notes?

Probate notes are simply questions and requests for additional information regarding your Petition for Probate. When you file your Petition for Probate with your County Probate Court, the Petition will be reviewed by a county probate examiner.

What is a probate supplement?

A probate supplement is the way to respond to the probate examiner’s question. You complete the probate supplement form, and add it to your case file. It’s best to file the probate supplement well BEFORE your hearing date at your county probate court.

Can I file a probate supplement myself?

Yes, you can file a probate supplement yourself. If you live in Los Angeles County, you can download the probate supplement form for LASC-Probate Division by clicking here. If you live in Orange County, you can download the probate supplement for The Superior Court of California County of Orange by clicking here.

When do I need a probate lawyer?

If the value of the estate is over $150,000, or the estate owns real property (e.g. house, condo, commercial property, etc.) then the estate must go through probate. You always have the option to self-administer probate or retain a probate lawyer, regardless of the value of the estate.

What does a probate lawyer do?

A probate lawyer handles the entire probate administration process for the executor of the estate, including:

How much does a probate lawyer cost?

Most probate lawyers cost you nothing out of pocket. Typically, probate lawyer fees are paid by the estate, at the close of probate. While there are some probate lawyers who will ask for an upfront fee, there are other options.

Why do you need a probate attorney?

Let’s take a look at some of the top reasons to hire one. 1. Keep the Family from Conflict. Hiring a probate attorney is a great way to prevent needless family conflict. Without a lawyer, many family members may want to be a part of the probate process, which adds to the conflict and confusion. If you don’t allow them to participate, they might ...

What happens if you don't allow probate?

But the more people get on board, the more difficult the process becomes. Tensions can arise when people disagree on the best way to approach probate issues.

What happens if probate is not done?

If probating doesn’t get done right, the person in charge of the estate can become liable for any mistakes made in distribution. It’s incredibly difficult for someone without a thorough working knowledge of the law to probate an estate.

What happens when family members don't agree with probate?

When family members don’t agree with the probating process, lawsuits can be the result . These lawsuits are expensive and time-consuming, and when they involve family members, they can also be emotionally exhausting.

What is the process of determining if a will is valid?

The process of deciding that a will is valid and accurate is called “probating an estate.”. In this step, the court takes a look at the will and decides that it’s valid. Describing the process is simple, but the actual process is not so straightforward.

Do you have to take care of debts when you die?

As mentioned above, the deceased might have owed some debts when they passed. Taking care of these financial responsibilities may not be easy, but it is necessary. You’ll need to spend more time on these debts if the deceased had a complex financial situation.

Can beneficiaries make claims against an estate?

Beneficiaries might also make claims against the estate if they think it isn’t being distributed correctly. However, if you hire a lawyer to help with the process, you can get rid of claims about using the estate for personal gain. 4. Prevent Rejection.

What is the first step to take when you wind up an estate?

If you read the conventional advice for executors, the first step is usually "hire a lawyer. ". And you may well decide, as you wind up an estate, that you want legal advice from an experience lawyer who's familiar with both state law and how the local probate court works. Not all executors, however, need to turn a probate court proceeding ...

Can you wrap up an estate alone?

(If you don't know the answers, ask a lawyer—before you agree to hire the lawyer to handle things for you.) The more questions you answer with a "yes," the more likely it is that you can wrap up the estate without a professional at your side.

Can assets be transferred without probate?

Ideally, all assets can be transferred to their new owners without probate court. Some common examples of assets that don't need to go through probate are assets are held in joint tenancy, survivorship community property, or tenancy by the entirety. Assets held in a living trust can bypass probate, too.

Is probate a UPC?

If the state where the deceased person lived has adopted a set of laws called the Uniform Probate Code, probate should be pretty straightforward. In UPC states , most probates are conducted with minimal court supervision. A few other states have simplified their procedures without adopting the UPC.

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.

What is probate lawyer?

1. An experienced probate lawyer knows each step of the process and has systems in place to keep your case moving in an expeditious manner. We file all of the required pleadings with the court and ensure that creditors of the estate receive a timely notice to file their claims. In fact, we assist you with every step of the probate process, making sure it is handled correctly and protecting you from personal liability.

What does it mean when you are named in a deceased will?

In some cases, we are named in the deceased’s will as the executor of the estate. This means that we are paid a fee out of the estate to handle all tasks related to the probate of the will.