Probate can be a complicated process that takes at minimum 5 months. Between filling paperwork to open an estate, navigating the inventory of what is and is not a probate asset, and determining who is a creditor, most appointed personal representatives need at least some direction, even for an uncontested estate. An attorney can ensure you are protected throughout the process, ease stress through their knowledge of the process, and solve problems before they arise. The loss of a friend or family member is already emotionally difficult situation, one through which easing the burden of the legality of the procedure with an attorney can reduce pressure and family tensions.

It all begins with an initial consultation. Being prepared for the meeting will help us get right to work. Bring any necessary documents, including wills, codicils, and death certificates, and any questions you may have about the process. Our goal is to make sure you are comfortable with the process before moving forward. If you decide to retain our firm, a contract will be drawn up outlining the scope of the attorney’s work and fees involved for attorney and office staff work. Throughout the following months, you will be kept informed of the process and any questions that may arise will be addressed in a timely manner.

There is no charge for the initial consultation. The initial consultation is to meet with an attorney and to learn about the general process of probate.

Most estates need at least 6 months to complete the process. Some estates can take up to 9 months and beyond, depending on the complexity. Estates with unique assets such as patents, real estate, and businesses can take over a year to properly administer. Small estates can be administered with a shortened process.

The only way to completely avoid probate is to pass away without any assets held solely in the decedent’s name at the time of death. Jointly held property is one example of an asset that would not need to be probated. Probate can be avoided altogether for privacy reasons with the use of proper estate planning, gifting, joint tenancy, and payable on death accounts.

Whether you are an acting personal representative, beneficiary, close family, or friend; there are rights and duties for each party in the process of probating a decedent’s will, filing for guardianship, or filing for conservatorship. When questions or speculation arise due to inadvertent errors or grievous actions by fiduciaries, an experienced attorney can guide you through the process and advise you on the proper route to secure your rights of the rights of a loved one. Ms. Meinhart can assist for specific matters or advise during the entire process.