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A probate attorney advises and helps in the probate process. This includes management of estates, securing life insurance payouts, details of appropriate retirement plans, et cetera.

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Do you need an attorney to file for probate?

No, you do not necessarily need a lawyer when filing a will in probate, however because it is such a court-intensive process having a lawyer that knows the system is always a plus. In the process of probate, a probate court determines the validity of the decedent's "last will and testament." After this, the court oversees asset distribution to named beneficiaries or rightful heirs according to state intestate succession statutes. The court also oversees the payment of estate taxes and resolves conflicts between heirs.


Can an adopted person make a claim on his biological father's estate?

In certain cases yes. You need to consult with an attorney in your jurisdiction who specializes in probate law.In certain cases yes. You need to consult with an attorney in your jurisdiction who specializes in probate law.In certain cases yes. You need to consult with an attorney in your jurisdiction who specializes in probate law.In certain cases yes. You need to consult with an attorney in your jurisdiction who specializes in probate law.


How do you know if the will went to probate?

If a will has been probated the name of the decedent will appear in the probate index. You can check the index at the probate court of jurisdiction. If there is a file under the name of the decedent you can request it, review the will and review any other filings in the case.


Is ther a time limit on how long probate will last with an uncontested will?

The length of probate can vary depending on the complexity of the estate and the specific laws of the jurisdiction. Typically, probate for uncontested wills can take anywhere from a few months to a year to complete. It's best to consult with a probate attorney in your area for a more accurate timeline.


How can a cosigner sue estate of deceased borrower?

To sue the estate of a deceased borrower as a cosigner, you would need to file a claim in probate court against the estate. The court will then determine if the debt owed is legitimate and if the estate is liable to pay it off. It is advisable to consult with a probate attorney for guidance through this process.

Related Questions

How long and how hard does executor look for heirs?

You should consult with an attorney who specializes in probate in your jurisdiction.You should consult with an attorney who specializes in probate in your jurisdiction.You should consult with an attorney who specializes in probate in your jurisdiction.You should consult with an attorney who specializes in probate in your jurisdiction.


How do children handle their deceased parent's properties?

They contact an attorney who specializes in probate law to settle the estate.They contact an attorney who specializes in probate law to settle the estate.They contact an attorney who specializes in probate law to settle the estate.They contact an attorney who specializes in probate law to settle the estate.


Who pays the probate attorney and how much?

The estate pays the probate attorney. The amount will depend on the agreement the executor makes with them.


What type of lawyer do you need to settle a will?

You need an attorney who specializes in probate law.


When using a probate attorney is it wise to know how much experience they have in probate?

It is always a good idea to look into your attorney before you decide to use them. You want an attorney with the best results and most experience. So, yes, when hiring a probate attorney, find out as much as you can about their experience.


What is the role of the prosecuting attorney in probate court?

There is no prosecuting attorney in probate court as that term (prosecuting attorney) is commonly used. The common usage is that the prosecuting attorney is a government lawyer prosecuting violations of the criminal laws. The probate court is for civil matters involving estates only.


What if ever one wont sign to revive the will mom has left us ther is 7 kids and some are hard to find and some just wont sign its been over three years how long do they have to sign?

You need to consult with an attorney who specializes in probate in your jurisdiction.You need to consult with an attorney who specializes in probate in your jurisdiction.You need to consult with an attorney who specializes in probate in your jurisdiction.You need to consult with an attorney who specializes in probate in your jurisdiction.


What should I know before choosing a probate attorney?

The first thing a person should do when choosing a probate attorney is to decide which type of attorney they need. There are two types; probate litigators and transactional lawyers. After deciding which one to hire, next make sure the attorney is experienced and knowledgeable in handling probate matters, but also has knowledge of laws that may affect the case at hand. Lastly, research the attorney online or stop by their local office with any questions you may have to make sure the attorney is reputable. You should choose an attorney who specializes in probate cases. This is a sensitive and complicated area of the law and you should have an attorney that focuses exclusively in this area.


MY HUSBAND RECENTLY DIED. HIS WILL LEAVES HIS ENTIRE ESTATE TO ME. IS IT NECESSARY TO PROBATE HIS WILL?

Probate may be needed it would be best for you to consult a probate attorney.


If the executor of an estate is not doing a proper job of completing the probate process unnecessarily delaying completion of the probate process how can one have them removed as executor in NY State?

You can petition the court to have them removed. They are likely to appoint a neutral party to be the executor. It might be the right time to consult a probate attorney.


Mom passed away without will the condo was in your and her name does it have to go to probate?

Probate in your state may have a monetary limit in order to require probate. A local probate attorney can answer your question.


What should children do about probate if no will?

The best thing is to consult a probate attorney in your jurisdiction. They will be able to direct you as to how to resolve the estate.