Probate

Probate refers to the process by which property is legally transferred after the death of the owner.  Assets which are owned in just one name will require a court decree to transfer ownership.  We help our clients to plan their estates to take advantage of joint ownership, to reduce any fees that must be paid when assets have to pass through the Probate Court, and to insure that assets pass according to our client’s final wishes. 

When an individual dies with a valid will, the will is filed along with a petition, a bond and a death certificate.  Where there is no will, a petition for administration is filed asking that the spouse or other next of kin be appointed administrator of the estate. 

The probate process takes approximately one year, but can take longer where other issues arise.  As experienced probate attorneys, we handle the required court filings as well as the more complicated situations such as will contests, removal of an executor, trust fund issues and estate tax returns.  We have written hundreds of wills and settled hundreds of estates, and have the experience you need to address every problem which could arise.  Whether your estate is small or large, easy or complex, we can guide you through the probate process from start to finish. 

Our firm handles all probate estate administration on an hourly basis.  We do not charge a percentage of the size of the estate.  The loss of a loved one is no reason for any attorney to be paid more than a fair hourly wage. 

If you don’t have a will, we encourage you to contact us.  In many cases we write wills for our clients for as low as $99.00 each.  

There are some occasions when a full probate is not required where the assets are personal property.  In these cases, you might need only to file a petition known as a “voluntary administration.”  If you have any questions about probate, please contact us.