Question 1

What is Probate?

Accepted Answer

Probate is generally the process for passing assets to heirs once a family member has passed away.  It involves validating the Will if there is one, paying any debts that must be paid, and distributing the assets to the heirs or beneficiaries.

Question 2

How long does probate usually take?

Accepted Answer

The duration varies by state and the complexity of the estate. Some smaller estates can wrap up within a few months, while larger or disputed estates can take over a year. Promptly following legal guidelines and having proper documentation can help speed up the process.

Question 3

Do all assets go through probate?

Accepted Answer

Not necessarily. Assets with designated beneficiaries—like life insurance policies or retirement accounts—usually bypass probate. Additionally, assets owned in joint tenancy often transfer directly to the surviving owner.

Question 4

What if there’s no will?

Accepted Answer

When someone passes away without a valid will (known as dying “intestate”), state law determines who inherits and in what proportions. Probate will still likely be necessary, but the process follows statutory guidelines rather than a personal directive.

Question 5

Can disagreements among heirs slow down probate?

Accepted Answer

Yes, disputes can lead to legal challenges or delays. However, an attorney can mediate conversations between family members, helping to clarify legal obligations and find amicable resolutions.

Question 6

Do I need a probate attorney if the estate is small?

Accepted Answer

Even small estates can benefit from legal insight, especially if there are unique assets or debts involved. An experienced lawyer can ensure nothing slips through the cracks and that you’re following the proper filing procedures.

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Taormina Law, P.A

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Contact Us

How does hiring an attorney work?

Contact Us

We Send Intake Docs

We email two short documents for you to e-sign. If you are on a service plan that has a fee, we send a link.

Sign Up

You sign digitally. Make the first payment if applicable. We file documents in court to notify the Judge and other lawyer that you are represented by an attorney.

Taormina Law, P.A

Explore

Practice Areas

Contact Us

You sign digitally. Make the first payment if applicable.
We file documents in court to notify the Judge and other lawyer that you are represented by an attorney.