probate

If your loved one had a will, then the process of probate is a lot simpler.  The will names who handles the estate and describes how assets are given.  With that road map, you may find that handle this type of estate, a testate estate (one with a will) without an attorney.  If not, we are happy to help.  Even if you are handling the estate yourself, if real property is involved, you're going to need to prepare a deed of distribution.  We strongly recommend that you engage an attorney to prepare that document even if you have taken on the rest of the probate process by yourself.  Again, we're happy to help.  Give us a call to email us to schedule an appointment.

If your loved one did not have a will, you will have to open an intestate estate, that is an estate where there is no will.  The process will be a little more complicated than with a will, but there is still a road map in the form of the laws of intestacy.  As with a testate estate, it is possible for you to handle an intestate estate on your own, but again we are here if you need us.

If your loved one died more than ten years ago, you cannot file a regular estate.  Instead, you will have to file an action to determine the heirs of the person who passed away.  This type of action often becomes necessary, because someone assumed when that loved one passed away, his or her interest in property automatically passed to his or her heirs, but generally nothing happens automatically and when that is discovered ten years or more later, that assumption becomes costly.  We can help.

Often the person handling the estate, known as the personal representative, may find it expedient to sell real property.  If there is a will and the will give the personal representative the power to sell such property, then the process of doing so, is no more complicated than when anyone sells property.  But if there is no will or the will does not give the personal representative the power to sell real property, you will need to bring an action seeking probate court approval for such a sale.  Again, we can help.