Top Questions to Ask a Probate Attorney

Wills, heirs, beneficiaries, probate, and estates. Where these things are, a probate attorney should be as well. The legalities of estate disbursement is never as cut and dry as a descendant thinks he has made a will out to be, and the heightened emotion of death of that descendant only adds to the confusion, flame, and heartache. What is probate? Who can instigate it? How long does it take? Why do I need a probate attorney? These are all valid questions. Hopefully you are investigating answers for the sake of your own estate and not amid the chaos of a feud over someone else's. The former, however, is the usual situation.

What is it? This is the period of time in which court is proceeding to determine the rights of any and all affiliated with the estate of a deceased individual. An heir, which is defined as the person who stands to gain parts or all of the estate in the absence of a will or in the instance that a will does not distribute all assets, is readily involved in the process. These proceedings most likely, however, involve the court's decision of disbursements among auditors, creditors, taxing authorities, and named beneficiaries. The defining characteristic indicative of the feud that can surround these proceedings is that involved parties have made presumptions about their rights to the estate of the deceased. This is hardly ever clean cut and clear.

Who can instigate it? The underlying frustration for families and other involved parties is that anyone can begin the process. Any concerned family member, creditor, auditor or anyone who has vested interest in the estate. This often throws immediate family members for a loop making emotions rise. Skyrocketing emotions breed bad decisions and unkind gestures, assumptions, and finger pointing. All of this only slows and interrupts what almost always could be a shorter process without the drama.

Which takes us to, "How long are the proceedings?" The standard answer is ten months to two years. Ten months is more probable for smaller estates perhaps under one hundred fifty thousand dollars and the time frame gets longer and longer as the numbers grow and as the interested parties emerge. The absence of a will or the contesting of the will add time and complications as well.

So, "Why do you need a probate attorney?" At the risk of repeating all the prior mentioned information, heirs and beneficiaries should agree as a part of a living will, will, or other end of life proceedings that a lawyer will honor so that surviving family members can grieve without legal complication.