How to get a personal representative for probate?
The county probate court where the decedent lived can appoint a personal representative if the family is unable to decide who should act as PR or multiple parties want to act as PR. Contact the local probate court clerk and ask what steps you need to take in order for the court to appoint a personal representative.
What do you need to know about probate forms?
Calculate the value of the estate. Probate forms may require that you provide the value of the estate. In certain states, the law allows for a simplified probate process depending on how much the estate is worth. The higher the value of the estate, the more complicated and detailed the forms may be.
Can a family member help with the probate process?
If you are a family member or Executor of an a persons will and are unsure where to start with the probate process – we can help. We specialise in all aspects of probate as well as help contesting a will, so whatever your probate query you can trust us to guide you through the probate process.
Can a beneficiary of a will contest probate?
Whether you are an executor or a beneficiary of a will, or you are facing probate where someone has died without a will (intestate) or you wish to contest a will, we have prepared the answers to a series of frequently asked questions (FAQ’s) that we hope will help you.
What do you need to know about probate?
Probate is a legal process that takes place after someone dies. It includes: proving in court that a deceased person’s will is valid (usually a routine matter) identifying and inventorying the deceased person’s property.
When do you have to go through probate?
An estate may undergo formal probate for many reasons including when a will is contested, unclear, or invalid, or when the assets are held only in the deceased’s name. And when there’s no will, probate is often required to oversee the distribution of the deceased’s property.
Why do I need a probate attorney?
A probate attorney represents the executor of the will and/or heirs in court. The probate lawyer will facilitate the legal process, filing any necessary motions and pleadings.
Do you have to worry about probate?
If your estate is relatively small, you may not have to worry about probate at all. (To learn about probate and its downsides, see Nolo’s article Why Avoid Probate?) Almost every state now offers shortcuts through probate — or a way around it completely — for “small estates.” Each state defines that term differently.