Probate
Administration of the estate
I will handle the legal process for your loved one's probate, from appointment of the Personal Representative at Court, to publishing notice to creditors and negotiating or eliminating Estate debt. My service includes ensuring that the legal requirements of probate are handled so that you can focus on family and healing. My goal is to help you through this difficult time smoothly, transparently and cost effectively.
What to expect
Most probates take about 6 months from start to finish and some take longer than a year. Much of the "work" of probate is handled by the Personal Representative or Administrator, and involves gathering and distributing the deceased person's assets. I will guide and support you through that process and ensure that you know what is expected of you in your role.
Pricing
Probate work is billed hourly. Average (uncontested) probates cost $3000-$5000.
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Hourly rates:
-Attorney hourly | $300/hr
-paralegal hourly | $190/hr
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FAQ
What is the probate process, simply put?
Probate is the process in which you file the Will, if there is one, and ask the Court to appoint a Personal Representative (same thing as Executor). You will then proceed to notify everyone who needs to be notified, including creditors. You will gather all of the assets of the estate and determine if there are any debts owed. You will settle any taxes due and pay or negotiate down the debts. You will then distribute the remaining estate either according to the Will, or according to our state’s statues (if there is no Will). You will then file a document to close the probate.
Do I need a probate for my deceased loved one?
Not always. If the estate is small (under $100,000) and involves personal property only (no real estate), you may not need a probate. If you just need to determine who gets what but don’t need a Personal Representative appointed, there is a process that is different than a probate that you can use. If there are more debts than assets (this is called an insolvent estate), you may decide not to have a probate.
Are there advantages to having a probate?
Yes, a probate provides a neutral, third party to oversee the process, to make sure that the law is being followed, and to resolve any disagreements. The probate process also provides the creditor’s claim procedure which can resolve, reduce or even eliminate claims against the estate and that provides a clear process for dealing with debts and creditors.