The death of a loved one is a life-shaking event for which few are prepared. Whether your loved one had a Will or not, a large or small estate, most estates need to go through the probate process. Most people do not understand the probate process and do not know how to probate an estate. The Probate Pro will be there to help take care of the estate administration and relieve the stress of managing the financial and administrative affairs during this difficult time. How to Probate? Here is what you need to know…
How to Probate Step 1 : Hire a Competent Qualified Lawyer
The Probate Pro’s team of attorneys and paralegals are experienced and will guide you through this often difficult process.If, during this process, conflicts arise, The Probate Pro’s experienced litigators will work to resolve them.
While there is no requirement to use a probate lawyer, probate is a rather formalistic procedure. One minor omission, one failure to send Great Aunt Maggie a copy of the petition, or a missed deadline, can cause everything to come to a grinding halt or expose everyone to liability. The death of a family member or friend sometimes tends to bring out the very worst in some people. Experience shows that even in close families there is a tendency to get overly emotional about relatively trivial matters at the time of a loved one’s death, such as who gets the iron frying pan and who gets the kettle. Such minor matters, or any delays or inconveniences can be upsetting, pose issues of fairness, and create unfounded suspicion among family members. With this in mind, it generally is a very good idea to “let a lawyer do it”.
When interviewing for a lawyer, be cautious with a lawyer whose practice includes multiple areas. Many attorneys practice probate law as a means of supplementing their income. You need an attorney who knows probate law so well that the attorney does not waste energy or time learning the law which may be costly and cause delays. You should be assured that the probate attorney has a sufficient team of lawyers and paralegals to address your specific needs.
How to Probate Step 2 : Understand When Probate is Necessary
A probate estate must be opened if a person dies with any property (ie. houses, bank accounts, stocks) in their name alone. Assets that do not pass through probate include jointly held assets, life insurance proceeds and pay on death contracts with a named beneficiary, and trust assets. The administration conveys title to any real estate which the deceased may have owned at the time of death to the heirs.
When one dies leaving a will, we say that person died testate. If one dies without a will, the person is said to have died intestate. Whether the decedent left a will or not, the distribution of most property will require the opening of a probate estate.
How to Probate Step 3 : Watch this Video
The attached video provides a detauled step-by-step instruction provided by The Probate Pro on how to probate an estate in Michigan.
How to Probate Step 4 : Call Us If You Have Questions!
The Probate Pro is here to help you when faced with a administering a probate estate. It is critical that the attorney you hire is talented, smart, experienced and committed to your cause. The Probate Pro lives and breathes probate. Let our experience give you the edge.
