Probate



States for Probate

Probate

Probate is the initial step of application in case of handling a deceased person’s state of affairs. There are different ways in which a deceased person’s wishes are honored. The two basic cases are where the deceased has left a legal will before dying, and where the deceased has no will. Probate is mostly issued in cases where the deceased has left some insurance policies, shares or stocks, and/ or land or property left in the name of the deceased without a will. In order to file a probate it is necessary that the assets of the deceased are more than the minimal limit.  

 

Frequently Asked Questions

Q:How can the court assist me in areas of probate law?

A:Apart from getting help from probate lawyers and attorneys, you can also seek help from the court. A court maintains registers of wills, it deposits them for safekeeping. Courts also have the right to directly deal with a deceased persons estate. Court officials can help you in your case by providing you with details about a deceased person's assets, income, and expenditure statements. The court can provide probate officers that will help you manage pending formalities of a deceased person's property such as tax etc. you can see from this that the court does not just hear probate cases, it also helps many by assisting in various issues.

Q:What probate process has been defined in probate law?

A:The probate process is basically transferring property of a deceased. Probate can be contested and uncontested. Uncontested probate occurs usually when no heir has been defined in the will of the deceased. In case of probate, the following steps are usually taken: collect information on all property, gather all documentation of deceased property, pay off any debt, tax, claims etc, settle any disputes arising, and then divide remaining property to legal heirs. Mostly the name of the heir is mentioned by the deceased in a will. The role of a probate solicitor is to manage the probate process and resolve any dispute among heirs.

Q:What are probate law firms?

A:Probate law firms are basically legal offices that handle all sorts of probate claims. They work on behalf of clients and receiving probate documents from the registration office. The legal firms provide probate lawyers and attorneys who manage will preparation, real estate disclosure, real estate distribution, will enforcement, and all the documentation required. Clients do not have to go through the hassle of will preparations and can hire these lawyers to manage them all.

Q:What is probate law and probate law solicitors?

A:Probate is defined as a legal document that authorizes an individual to deal /manage property affairs and distribution. This document is only provided by an authorizing agency known as the probate registry. Probate is issued to one or more people named in the deceased will. Probate solicitors are legal experts who handle probate cases where wills and property distribution is under dispute. This may be due to various reasons such as loss of will, no original will, unacceptability, tampering of the will, etc.

Q:Is hiring Probate Solicitors an expensive process?

A:There are numerous probate firms who provide all kinds of probate services. Usually the probate process is expensive. But there are solicitors who charge on a commission basis. They are to take a certain percentage of the total property value. On the other hand there are lawyers who charge by the hour. It is recommended that if you have limited property, you should avoid the probate process. But in case you have vast property etc, you should hire the services of a probate lawyer.

Q:Can you tell me about the basic probate fees structures?

A:Probate law covers legal issues regarding real estate, will development, transfer of property etc. there are many lawyers and attorneys who specialize in this areas of law and help people with probate cases. The fee structure basically depends upon the attorney or lawyer. There is no fixed rule to the fee structure. But most commonly accepted fee structures that you are likely to encounter include the hour base rate, and the commission rate. In hourly fee structures, you will have to pay by the hour; the hourly rate is usually foxed. On the other hand, commission fee is based upon a percentage of the real estate value. Attorneys in this case will charge a percentage of the total value of the deal.