probate
When a loved one passes away, the legal process can seem overwhelming and unfamiliar. We are here to help you during a difficult time and make the process as smooth as possible.
helping you navigate this hard process
1) Did they own any assets jointly with a surviving joint owner?
2) Did they own any assets with a living beneficiary named?
3) Did they leave a will or trust?
We also go over the deceased loved one’s family situation and a few other specifics, and once this information is gathered, we can provide an overview of the next steps.
Unless the deceased loved one had a living trust and all assets were funded to the trust (we go over what this means when we talk with you), in most cases you will need to go through the probate court to gain access to the deceased person’s assets and administer their estate.
When you call our office after a loved one passes away, we generally need to know three things:
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The probate process begins by...
filing various legal documents that give the court the information it needs to determine whether probate can be “informal” or “formal.”
Informal probate involves less court oversight and is appropriate in most cases when family members are not disputing over an estate and the deceased person’s last will (if any) was properly executed and witnessed.
Formal probate involves more court oversight and is appropriate when family members are disputing over an estate or the deceased person’s last will (if any) did not meet legal guidelines on proper execution, such as a missing notary stamp or lack of witnesses. A handwritten will always goes through formal probate.
In researching probate, you might also run across the words “testate” and “intestate.” Someone dies “testate” when he or she leaves a will, while someone dies “intestate” when he or she does not leave a will. Whether someone passes away testate or intestate does not determine whether probate will be formal or informal but it does change what information must be gathered and provided to the court.
other steps in the process include...
All family members and everyone named in a will are entitled to notice of all court proceedings, even if disinherited in the will.
Once all debts are paid, the remaining assets are distributed according to the deceased person’s will, or according to state statute if he or she did not leave a will.
When a deceased person leaves a surviving spouse who is not the parent of surviving children, typically, the surviving children are entitled to a portion of the estate in the absence of a will. In addition, half-siblings count as full siblings for purposes of inheritance in the absence of a will. During the probate process, we help you determine who the legal heirs are and in what percentages.
ready to make this process
less overwhelming and mysterious?
Having helped a number of families navigate the probate process, we want to make your experience as smooth as possible (no matter how complex it may seem!). We look forward to meeting and helping you!
