However, there may be times when a lawyer is necessary during probate. Let's go over the general steps of the probate process and discuss how to probate a will without a lawyer if possible. Note that even if a lawyer is needed, you can hire them for very specific issues and might not need them for the entire process. The court will require the petitioner person asking the court to appoint an official representative to fill out specific forms.
These forms can with the help of EZ-Probate be filled out by you. It will be the basic "Who, What, When, Where," types of questions. What you will need: A valid will, a copy of a will, or know for sure there is no will.
The court will provide you with forms to fill out to notify heirs listed in a will, or if no will state law dictates who the heirs are. Additionally, the representative is also responsible to find out what debts the deceased had and devise a plan to pay those debts.
Remember, only assets that pass through probate are liable to pay debts. Learn which assets pass through probate here. What you will need: a clear understanding of who the heirs are will or state succession laws , and a reasonable attempt to uncover debts. This may be the most straightforward part. What you will need: Court appointment and knowledge of what the deceased owned. Is there enough money in the estate to pay debts?
If there's enough money to pay legitimate debts for example, final income taxes, expenses of the last illness, and funeral costs , with some left over for beneficiaries under the will or state law, you won't have to figure out which debts to pay.
If, however, your initial investigation reveals that there may not be enough money in the estate to pay debts and taxes, don't pay any bills before you get legal advice. State law gives some creditors priority over others.
Is the estate too small to owe either state or federal estate tax? Under current law, more than There's a greater chance though still a small one that the estate will owe a separate state estate tax to the state where the deceased person lived or owned real estate.
You'll certainly need expert legal and tax advice if the estate must file an estate tax return, either with the IRS or the state taxing authority. For information about state taxes, including a list of the states that impose them, see " State Estate Taxes. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state.
Grow Your Legal Practice. Meet the Editors. Not every executor needs professional help. Talk to a Lawyer Need a lawyer? Start here. Practice Area Please select An estate tax return is not a do-it-yourself job.
The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state.
Lawyer Directory. Call us at 1 Many executors are able to wrap up an estate themselves, without hiring a probate lawyer. When You Can Probate an Estate Without a Lawyer Here are some circumstances that make you a good candidate for handling the estate without a professional at your side.
Talk to a Lawyer Need a lawyer? Start here. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you.
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