where should my probate attorney reside

Where do I probate an out-of-state estate?

Hi, My father recently passed away in the state of Massachusetts. I currently live in New York. I need to hire a probate attorney because he unfortunately lived alone and did not have a will. But what I need to know is that does my attorney have to live in Massachusetts or can they live local to me (in NY). Thanks, Arin

Do I need 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. Their services could typically include everything from finding and inventorying assets of the estate, to understanding and paying all the debts the ...

Can a probate case be held in a different state?

If the decedent died in the same county where all their property is located, there's no issue – this is where probate should be opened. But unique situations can arise, such as when probate isn't required in the county where the decedent lived because they don't own property located there, but they do own real property in another state. In this case, you might do your best to consult …

What services does a probate attorney offer?

Sep 03, 2019 · Probate is the legal process of administering a person’s estate after their death. If you have a last will and testament, probate will involve proving that your will is legally valid, executing your instructions and paying applicable taxes. Having a clearly written will is one way to make the probate process easier on your loved ones.

Does an executor have to show accounting to beneficiaries?

To summarize, the executor does not automatically have to disclose accounting to beneficiaries. However, if the beneficiaries request this information from the executor, it is the executor's responsibility to provide it. In most cases, the executor will provide informal accounting to the beneficiaries.Dec 24, 2021

What questions are asked at a probate hearing?

These are:Do I Need Probate if the Deceased Left a Will?I Don't Want to Administer the Estate – Do I Have To?What Happens if We Can't Agree on Who Should Apply for Probate?Is There a Deadline for Administering the Estate?I Can't Find the Will – What Should I Do?Feb 4, 2019

What do I need to do before probate?

In order to prepare your probate application and tax forms, you'll need to track down some key details about the estate. This includes things like debts, tax owed, gifts made in the last 7 years, shareholdings, investments, life insurance, pensions, and the balance in any bank accounts.Feb 21, 2020

How many executors should apply for probate?

Often more than one executor is named in a will, but not all of the executors have to apply for probate. A maximum of four people can apply to the Probate Registry to prove a will and be named on the grant of probate.

Does probate go to court?

Attending Probate Court If you are a personal representative, you can instruct a legal firm like Co-op Legal Services to deal with your loved one's estate and to get probate for you and will deal with the forms, and you won't need to go to Court at all.Aug 3, 2017

What does probate look for?

Probate is the entire process of administering a dead person's estate. This involves organising their money, assets and possessions and distributing them as inheritance – after paying any taxes and debts. If the deceased has left a Will, it will name someone that they've chosen to administer their estate.

Does probate look at bank accounts?

Many banks and other financial institutions will not require sight of the grant of probate or letters of administration if the account value is below a certain amount. This threshold is determined by the bank, and as such this varies for each bank and financial institution.Sep 12, 2018

What happens to a bank account when someone dies?

If the account holder established someone as a beneficiary or POD, the bank will release the funds to the named person once it learns of the account holder's death. After that, the financial institution typically closes the account.Sep 16, 2020

How many years bank statements are required for probate?

Bank statements of the deceased However, if the deceased was a private individual and probate was simple, then seven years from probate should be enough.Sep 21, 2020

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.

Do both executors need to apply for probate?

In most cases, all of the executors named would apply for grant of probate on an estate. However, one or more of the executors may apply by themselves subject to giving notice of the application to the other co-executors. The non-applying co-executor may then object to the application, or ask to be a joint applicant.Feb 20, 2015

Can an executor sell property without probate?

The only time executors can exchange contracts without probate is if they are sure the Grant of Probate will be issued in time for completion. Even then, this option too is considered to be high risk.Feb 16, 2021