Frequently asked questions

Probate is the legal process of settling a deceased person’s estate. It includes identifying, collecting, and valuing assets, paying any debts or taxes, and distributing the remaining assets to heirs, based on the terms of a will (if one exists) or according to state law.

A Certified Probate Expert is a professional who has completed specialized training in probate law, adheres to a strict code of ethics, and is supported by a nationwide network of peers. They are knowledgeable in managing the probate process and can help families navigate its complexities, while also offering advice on how to avoid probate in the future.

Probate usually occurs in the county where the deceased person last lived. If the individual owned assets in multiple states, ancillary probate may be necessary in each relevant state, depending on the type and value of the assets.

Yes, having a will does not eliminate the need for probate. The will must first be validated, which is the initial step in the probate process. However, some estates are exempt from probate if they involve a living trust or if the total asset value is below the state’s threshold for probate.

Probate may be avoided if assets are held in joint tenancy with right of survivorship, are in a trust, or are held in accounts with transfer-on-death or payable-on-death designations. Additionally, if the estate’s value is below the state’s minimum threshold, probate may not be necessary.

A personal representative, also known as an executor or administrator, is the individual appointed to manage the estate. This person has a fiduciary duty to act in the best interest of the estate, following the instructions of the will or state succession laws if no will exists.

Yes. Estate taxes must be settled before assets are distributed to heirs, and the personal representative is responsible for ensuring these taxes are paid. Income generated by the estate may also be taxable, so consulting a tax advisor or attorney is advisable.

You can contact the probate court in the county where the deceased resided or speak with the executor or an attorney handling the estate to determine if you are named in the will.

When there is no will or trust, heirs are determined by state laws, generally starting with the surviving spouse and children. It is best to consult with a local attorney, as these laws vary by state.

Yes, a will can be contested under certain circumstances. Consulting an experienced probate attorney can provide guidance on the specifics of your case

To begin probate, the personal representative must obtain a certified death certificate and file a petition with the probate court in the county where the deceased lived. If you’re not in the area, consider working with a local Certified Probate Expert.

Common documents include the death certificate, the will (if one exists), deeds to property, bank and investment statements, tax returns, and an inventory of assets. You’ll also need information about any debts and creditors.

The duration of probate varies depending on the complexity of the estate. It can take 3-6 months for a simple estate, while more complicated estates may take up to two years or longer. A Certified Probate Expert can help expedite the process.

Probate costs typically range around 5% of the estate’s gross value, including attorney fees, court fees, and other administrative expenses. It’s crucial to track expenses, as many can be reimbursed from the estate.

Inheritance is usually distributed once probate is completed, which can take several months to years. In some cases, you may be able to receive an advance on your inheritance.

The executor manages the legal and financial aspects of the estate, including inventorying assets, paying debts and taxes, identifying heirs, and distributing assets. They are also responsible for notifying creditors and filing necessary court documents.

If there is no will, the house is typically part of the probate process. Depending on state laws, it may be sold, with proceeds distributed to heirs, or transferred directly to beneficiaries.

In some cases, you can sell an inherited house before probate is complete, depending on state laws and other factors. There are also options to access the property’s equity without selling.

You may not need to be physically present to fulfill your duties as executor. A local Certified Probate Expert can act as your representative and handle matters on the ground.

Before meeting with a probate attorney, gather all relevant documents such as the will, any trusts, and property paperwork. Also, prepare a list of questions to ensure you make the most of your consultation.

Assets may need to be sold, with proceeds distributed to heirs, or transferred directly to beneficiaries, depending on state law.

Probate litigation involves legal disputes over the validity of a will or the actions of an executor. These disputes can be complex and costly, so it’s important to seek advice early from a Certified Probate Expert.

If the deceased was a Medicaid recipient, the estate may be required to repay the government for benefits received.

You can avoid probate by planning ahead. Creating a will, setting up a living trust, or transferring assets into joint ownership are effective ways to ensure assets pass directly to heirs without probate court involvement. We can connect you with an estate planning attorney for assistance.

Pinnacle Estate Consultants guide you through the entire probate process, offering local expertise, navigating potential obstacles, and connecting you with the right professionals for any task.