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ProbateLawyerDirectory.com
Welcome to ProbateLawyerDirectory.com! The purpose of this site is to give you general information about probate and provide you with a quick and convenient way to find a qualified probate lawyer in your area.
What is Probate?
Probate is a legal process during which the will is validated; the assets of the deceased are inventoried; and all debts, creditor claims (including applicable lawsuits) and taxes are paid. Then, once it is determined who is entitled by the probate proceedings, the remaining assets that were left in the Will are distributed to the named beneficiaries and heirs. The process is generally overseen by an executor, if there is a will, or by a court, and a court appointed personal representative, if there is no will. Probate can take anywhere from four months to a number of years to be completed, depending on state laws and varying circumstances.
A will is probated in the county and state in which the testator (person who wrote the will) died. If the testator owned any property in another state, another probate proceeding will be started in that state and county. Assets that do not pass directly to a surviving spouse or other heir through a community (joint ownership or joint tenancy) property agreement, right of survivorship, a payable on death (POD) bank account, an "in trust for" account with named beneficiary, other trusts with named beneficiaries, life insurance, retirement accounts [e.g., IRAs, Keoghs, and 401(k)], or annuities are subject to formal probate proceedings. If the decedent dies without a will (intestate), and no beneficiaries are named, the courts will determine the hierarchy of heirs.
Legal Issues Relating to Probate
If you have any questions about these or probate issues, click here to find a qualified probate lawyer in your area.
| • | Abstract of Trust (Certification of Trust) |
| • | Accumulation Trust |
| • | Asset Management and Protection |
| • | Assets Subject to Probate Administration |
| • | Avoiding Probate (non-probate methods of transferring property) |
| • | Bequests |
| • | Caregiver's Authorization Affidavit |
| • | Caveat (gives a caveator time to research the probate application, etc.) |
| • | Contested and Uncontested Wills |
| • | Court-appointed Public Administrator |
| • | Creditor's Claim Period |
| • | Declaration of Completion of Probate |
| • | Estate Creditor Claims |
| • | Financial Planning for Estate Planning |
| • | Grant of Representation |
| • | Guardian (also known as "custodian", "conservator", or "curator") of the Person |
| • | Guardian of the Property |
| • | Guardianship (also known as custodianship", "conservatorship", or "curatorship") |
| • | Heirs and Beneficiaries |
| • | Insolvent Estates |
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| • | Life Insurance |
| • | Joint Tenancy, Joint Ownership or other Community Property Agreement |
| • | Legal Guardianship |
| • | Probate Administration |
| • | Probate Delays |
| • | Probate Fees |
| • | Probate Proceedings |
| • | Probating the Estate and Will |
| • | Reducing Estate Taxes, including Gift Giving, Gifts for Tuition or MediCare, Family Limited Partnerships |
| • | Retirement Accounts [e.g., IRAs, Keoghs, and 401(k)] |
| • | Revocable and Irrevocable Trusts, including Living Trust, Spendthrift Trust Bypass Trust (A-B Trust), Totten Trust (Payable on Death - POD Trust) and Testamentary Trusts |
| • | Right of Survivorship |
| • | Transfer of Decedent's Title to Real Property |
| • | Validation of the Will |
| • | Uniform Probate Code |
| • | Wealth Management and Protection |
| • | Will Executor/Administrator/Personal Representative |
| • | Written Nomination of Guardian |
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Do you need a probate attorney to help you with questions relating to how wills are probated? Do you need legal advice on what assets are subject to probate administration, or any questions about other probate issues? Find a qualified lawyer in your area who can help you, now.
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