Frequently Asked Questions

Probate is the legal process of administering a  deceased person's estate. It involves identifying, gathering, and valuing  the assets of an estate, paying any creditors or taxes, and then distributing the remaining assets to the heirs according to the provisions  of a will (if one exists) or state laws.

A Certified Probate Expert is a specialist who has prescribed to a code of ethics, completed rigorous training, and is backed by a nationwide network of peers and mentors. They are highly knowledgeable in the probate process and are able to help families navigate the complexities of probate. They also provide advice and assistance on avoiding probate in the future as well.

  The probate process usually takes place in the county where the decedent last resided. If the decedent had assets in multiple states it may be necessary to open ancillary probate proceedings in multiple states, depending on the type and value of assets owned by the decedent. 

Yes, it’s a common misconception that if a decedent had a will the estate does not require probate. However, validating a will is simply the first step in probate. The most common exemptions from probate are: 1) the decedent had a Living Trust, 2) the decedent’s asset value is less than the state minimum for probate requirements.

 In some cases, it may be possible to avoid probate. This can happen when the decedent's assets are held as Joint Tenants with Right of Survivorship, Trust Assets, Transfer on Death Accounts, or Payable on Death Accounts. It is also possible to avoid probate if the decedent's assets are of a low enough value to remain below the state’s exemption limit.

Generally, a personal representative (a general term for the formal titles of Executor/Executrix, Administrator, Public Administrator/Fiduciary) is appointed by the will, the family, or the court to manage the estate. Regardless of title, this person has a fiduciary responsibility to the estate and must act in the best interest of the estate while following the succession plan as provided by the Will, or the state succession laws in the even there is no will.

Yes. State laws may require that taxes be paid before any assets are distributed to heirs, and the executor or personal representative is responsible for making sure these taxes are paid. Additionally, any income generated by the estate may be subject to taxation before it is distributed. It is important to consult with a tax adviser or lawyer to ensure all taxes are paid properly.  

You can contact the probate court in the county where the decedent resided and ask if you are named in the will. You may also contact an attorney or the executor/personal representative to find out if you are named in the will. 

If there is no will or trust, the heirs are determined by state law. Generally, the surviving spouse, children and other relatives of the deceased will be considered heirs. It is important to consult with an attorney in your state to get an accurate answer as the laws vary from state to state. 

Yes, in some cases you may be able to contest a will.  You should consult with an experienced attorney for advice about your specific situation.

The first step in the probate process is to obtain a  certified copy of the death certificate from the county in which the  decedent passed away. Once this has been obtained, the executor or  personal representative of the estate will need to file a petition with  the probate court in that same county in order to open the probate. If you      live far away from the necessary court, try contacting a Certified Probate  Expert in the decedent’s county.

The documents and information required for probate will vary depending on the situation. Generally, you will need a copy of the death certificate and the will (if one exists). Other documents might include the title to real estate, deeds, bank and investment statements, tax returns, and inventory of assets. You will also need information about the decedent’s debts, creditors, and potential heirs. 

The length of time required for probate will vary depending on the complexity of the estate and the amount of paperwork involved. Generally, it can take anywhere from 3-6 months for a straightforward probate, to up to two years or more for a complex estate. A Certified Probate Expert can help you navigate the process more efficiently and ensure that the probate is completed in a timely manner.  

 The cost of probate depends on the complexity of the      estate, but generally it will be around 5% of the gross value of the      estate if you have legal representation (highly recommended for most).      Probate costs usually include court filing fees, attorney fees, executor      fees, and appraisal and accounting costs. It’s important to track expenses      related to estate administration in case the expenses can be billed to the      estate account.

Your inheritance is usually distributed to heirs once      the probate process has been completed. However, it can take several      months or even years for all creditors to be paid and the process to be      completed. In some cases, it may be possible to get an advance on      inheritance. If you want to learn more, contact us.

The executor is responsible for handling all of the  legal and financial matters related to the estate. This includes collecting and inventorying assets, paying debts and filing taxes,   identifying heirs, and distributing assets to those entitled. The executor  is also responsible for notifying creditors of the death and filing any necessary court documents.

In most cases, the house will be included in the probate process. Depending on the laws in your state and other factors, it may be sold and the proceeds distributed to heirs, or it may be transferred directly to a beneficiary. Contacting a local Certified Probate Expert is the best way to get guidance on inherited property. 

In some cases, it may be possible to sell an inherited house before probate is finished. However, this will depend on the laws in your state and other factors. There may also be other options to access the equity in the property without selling. .

An executor may not need to be present in person to fulfill their duties. Our team can be “boots on the ground” in many cases.  We suggest you give us a call so we can discuss it.  (760) 455-9028.

Before meeting with a probate attorney, it is important to gather all relevant documents related to the estate. This includes the will, any trusts that have been established, and any other asset or real estate paperwork. Additionally, you should compile a list of questions for your lawyer so you can get the most out of your consultation. 

Depending on the laws in your state, assets may need to be sold and the proceeds distributed to heirs or it may be transferred directly to a beneficiary 

Probate litigation is a legal dispute concerning the validity of a will or executor’s actions. This type of litigation can be costly and time-consuming, so it is often best to get advice sooner than later. Get in touch with a Certified Probate Expert near you and ask them to connect with you an experienced probate litigation attorney.

 If your family member was a Medicaid recipient, the estate may need to pay back the government for any benefits received.  

The best way to avoid probate is to plan ahead. Creating a will, setting up a Living Trust, or transferring assets into joint ownership are all effective ways of ensuring that your estate passes directly to your heirs without going through probate court. Let us know if you’d like a referral to an estate planning attorney.

A Certified Probate Expert can provide guidance throughout the entire probate process, and even after close. You’ll be working with someone local who understands timeframes and common obstacles, and knows the right people to call for any job.