Do You Need a Probate Lawyer? Simple Tips you Could Consider
Probate is the process through which a will is validated in a court of law. The most basic step of a probate is usually to hire a probate lawyer. The best probate attorney should have a greater understanding of the entire legal process of preparing a will. In case you lose a loved one, how do you tell if you need the services of a probate lawyer? Here is what you must first find out.
Can the assets of the deceased be transferred outside probate?
This is generally the basic question. However it entirely depends on how much probate avoidance the deceased person did. The truth is all assets can be transferred without probate but this has to be determined first. Here are common examples that can be transferred without a probate court.
• Joint tenancy assets.
• Survivorship community assets.
• Tenancy by entirety.
• Assets held in living trust.
• Assets with beneficiaries already named by deceased (life insurance/ retirement accounts).
Does the estate qualify for “simple procedures” in your state?
Every state has its simple ‘estate’ procedures. These procedures usually include a streamlined summary probate and an out of court process. They often require simple sworn statements to the institutions that are holding the deceased assets. The sworn statements can also be given out to the individual holding the asset. This simple option has been practiced in many stated including Florida.
Is the deceased family relating well or not? Are they getting along?
In places where there is no contention to the will, there is no need for probate. The truth is will contests are often rare especially in fairly larger states. However, there are exceptions. In case a family member is threatening to sue over the will contacting a probate lawyer will be quite in order. Do it immediately. Probates drain money and the quicker you arrest a situation the better.
How complex or simple is the probate process in your state like?
Every state where the state has adopted the Uniform Probate Code, probate processes should be pretty simple. In such states most probates are often conducted with very minimal court supervision and the only thing such states might need is a certified probate attorney. Learning how complex or simple your estates probate laws are, is therefore very integral to getting a probate.
Does the estate contain only the common assets or not?
Examples of the most common assets include a house, bank and brokerage accounts, vehicles, and basic household goods. You must first of all determine what the estate contains. Experts say that the presence of businesses, real estates, and special assets is what triggers complications. It is therefore advisable that in the presence of such assets that require special handling a probate processes should be instituted immediately.
Probate jobs aren’t meant for the armatures. It is therefore recommended that you get an expert probate attorney with enough experience and ideal certification to help you through the entire process.
Sometimes the estate is too small to owe state or federal tax. And sometimes there is enough money in the estate to settle all the debts. In such cases you may only need a simple legal process to set the will rolling.