The original death certificate and original Will and Petition for Probate are prepared by the attorney and then the Executor or proposed Administrator bring them all with the attorney to the Register of Wills who will admit the Will to probate
Probate is the legal process whereby a will is "proved" in a court and accepted as a valid public document that is the true last testament of the deceased. The granting of probate is the first step in the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person's property under a will.
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. You should look for a Will.
Here is a checklist of steps you can take immediately: Next, begin the process of gathering the estate assets by downloading the Estate Assets Checklist and Certification Form. I can advise you on the best ways to protect yourself and the estate, and maximize the value of assets that are distributed to your family members.
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.
Here are some critical questions you should ask when you meet with an estate attorney in the wake of a loved one’s death. Is the Previous Power of Attorney Still Valid? You may have had a power of attorney for the loved one who has just died, and you may erroneously believe that the power of attorney is still in force.
Rule # 1 - Only immediate heirs should be involved in the division process during the settlement of the estate. All others (spouses, children, grandchildren, in-laws and friends) should NOT participate, especially at the start of this process.
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.
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.
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, ...
Nearly half of readers had lawyers prepare paperwork for probate court and/or help distribute the estate’s property. (The percentages add up to more than 100% because readers could give multiple answers.)
Other Types of Expert Help With Estate Administration. Lawyers aren’t the only experts who can help you with estate administration work. You may turn to other types of professionals for assistance with particular tasks, including: accountants or other tax professionals. appraisers.
Many executors and trustees used attorneys to assist with distributing the estate’s property and communicating with beneficiaries (47% and 44%, respectively, of readers who hired lawyers ). More than a third (35%) got legal advice and assistance on tax issues, while fewer than two in 10 (17%) had the attorneys deal with the estate’s creditors.
Smaller estates are less likely to involve some of the complications that call for expert advice or assistance, such as when: someone is threatening to contest the will or trust in court. the estate includes a business, commercial real estate, or unusual assets that may be difficult to distribute among beneficiaries.
If you find that you need a lawyer to help you with settling an estate, you will probably use the attorney only for certain services or advice. Because it may be helpful to know the types of legal assistance other executors or trustees sought, we asked readers what parts of the process lawyers handled. About half (49%) of those who hired attorneys had them prepare and file the paperwork for probate court. This isn’t surprising, since the probate rules vary from state to state, and executors may find the process and paperwork intimidating.
Even though you don’t have to pay the cost of hiring a probate or estate administration lawyer out of your own money, it’s your responsibility as the executor or trustee not to waste estate funds. (You’re also likely to be a beneficiary yourself, which provides even more incentive to save money for the estate.)
Whether it’s authorized by state law or by the will or trust document, you’ll almost always be able to use estate or trust funds to pay for a lawyer or other expert assistance . Still, not all executors or trustees need or choose to hire experts. In fact, less than half (45%) of our readers said they had a lawyer’s help with the work of estate administration.
If you are named as Personal Representative for the estate, one of your first decisions is whether to hire an Attorney. By selecting an experienced Attorney who understands the legal process and techniques for saving time and money, you can make sure that:
My Estate Settlement Vision: that you are protected during a time of transition, when you are called on to make important decisions.
When a person passes on, a new entity called "the Estate" emerges to manage the deceased person's assets and liabilities. A legal process called probate might be needed to distribute some of the assets to the heirs. On the other hand, if the Decedent made arrangements ...
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.
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.
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.
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.
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.
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. ...
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.
Call Arizona Estate Attorney Dave Weed at (480)426-8359 to discuss your case today.
The best way to protect the assets is to open the estate right away. The court will name an executive or personal representative, and that individual will be charged with protecting the assets and distributing them in accordance with the wishes of the deceased.
You should also contact an estate attorney about the notification process, including required death notices in the local newspapers and elsewhere. This will provide the notification you need to protect yourself legally and prevent others from contesting the estate.
The days and weeks following the death of a loved one can seem like a blur. The grieving process is difficult enough, but there will also be a funeral to plan, relatives to notify and financial issues to handle . Meeting with an estate attorney as soon as possible can ease your burden and make a difficult time easier to bear.
If you fail to open a probate estate, you could be liable for taxes and other claims. Even if you do not think a probate estate is necessary, it is important to discuss your options with an experienced estate attorney.
You will need a death certificate to claim certain benefits, and for the estate process as well. If you need additional copies of the death certificate, you should contact your local Department of Vital Records.
There is a great deal of confusion about how debts are handled when an individual dies. Some people think that these debts simply disappear when the debtor dies, but that is not always the case. While some debts are forgiven on death, others follow the deceased and become part of the estate. The good news is that the family members ...