when to hire a probate attorney

• If family members are not getting along, or you anticipate there may be any kind of dispute about the estate or the validity of the will;
• If the identity or location of certain heirs is unknown;
• If the estate contains real property (including timeshares) in multiple states or countries;

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Full Answer

When to hire a probate attorney?

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 to bring when meeting with probate attorney?

Most probate attorneys offer a free consultation to help survivors determine if they need to hire an attorney. A probate attorney can also help if the deceased does not have a will, which is called dying intestate. In this case, state intestacy laws will dictate how the deceased’s assets are passed to heirs and beneficiaries.

What are some questions to ask a probate attorney?

May 20, 2013 · The probate court can be a confusing, difficult place for people without a competent attorney. Although there is no requirement to do so, in most cases, the best way to protect your rights is to hire a competent probate attorney. The Probate Pro recommends the following tips deciding to hire a probate attorney: The Initial consultation should be free and …

How much do lawyers charge for probate?

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.