Attorneys

When is Probate Necessary?

Other Probate FAQs

• Q: How can a Probate Attorney Help Me?
  A: Whether or not the estate needs to be administed in a probate proceeding, a probate attorney can help in many ways. For one thing, the probate attorney can help you … More
• Q: What is a Probate Court?
  A: In many states, the probate court serves several functions. The most common is administration of the estates of persons who die, called a probate proceeding. However, … More
• Q: What is a Probate Proceeding?
  A: In a probate proceeding, the court oversees the process of identifying the deceased person's property, paying any debts, identifying the proper heirs, and … More
• Q: How are Probate Assets Distributed in a Probate Proceeding?
  A: After the court determines which assets are non-probate assets, (depending on state laws) the estate is typically administered in one of three ways: •By … More
• Q: Who is in Charge of Administering the Estate?
  A: The personal representative (a person, bank or trust company) appointed to represent the person of the decedent is in charge of administering the estate. The personal … More
• Q: What does the Personal Representative Do?
  A: Pursuant to state law, the personal representative performs the following duties when administering the estate: •Identify, gather, value and safeguard probate … More
• Q: Who (or What) can be a Personal Representative?
  A: It depends on your state laws. However, the following are general guidelines. The personal representative: •Could be an individual, bank, or trust company, … More
• Q: How are Personal Representatives Selected by the Court?
  A: If the decedent left a valid will, the designated personal representative nominated in the will has preference to serve, and will generally be selected by the court … More
• Q: Does the Personal Representative Need an Attorney?
  A: In almost all instances the personal representative must be represented by an attorney licensed in the state in which the probate proceeding is taking place. Many … More
• Q: What Documents Does a Personal Representative Need to Start Probate?
  A: The following are documents the personal representative needs in order to start probating the estate. This list is not all inclusive, and may or may not include what … More