Inheritance Legal Packages

Frequently Asked Questions

When is it necessary to go through probate for an estate?

You need probate when a person dies owning assets in their own name alone, like a house, bank account, or investments. Probate is required to transfer these assets to heirs or beneficiaries listed in a will or decided by state law if there is no will. 

What are the situations where probate is not required?

Probate is not needed if assets are owned jointly with someone else and pass automatically at death, like joint bank accounts or homes owned as joint tenants. Life insurance and retirement accounts with a named beneficiary also avoid probate. Proper planning, such as using trusts or naming beneficiaries, can keep many assets out of the probate court.

How is the value of an estate assessed for probate purposes?

The estate’s value is based on the fair market value of everything owned by the person who passed away. This means adding up the value of property, bank accounts, cars, and personal items at the date of death. Sometimes you will need professional appraisals for items like real estate or jewelry.

Can you explain the probate process related to real estate?

Probate for real estate starts with the court confirming who inherits the property. Then, the court gives the executor permission to transfer ownership to the new owner. If the property must be sold, the court may supervise the sale to ensure proper completion. 

How much time does it usually take to complete probate?

Probate can last a few months to over a year, depending on the size and complexity of the estate. Simple estates with clear paperwork tend to move quickly, sometimes finishing in less than six months. When disputes arise or there are complicated assets, it takes longer. Planning ahead and keeping good records can help speed things up.

Are there methods to bypass the probate process, and if so, what are they?

Yes, you can avoid probate by using trusts, joint ownership, or naming beneficiaries on accounts. These methods transfer assets automatically at death and keep them out of court. In my legal practice,