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The Questions Probate Attorneys Ask About Estates

Probating a property takes a long process, and when the process happens, most families are grieving and become frustrated with the timeframe. Still, while this is so, there is a procedure, and many probate attorneys understand the grieving situation and would encourage families to take a step back and grieve before beginning the process. Watch this video as an expert and professional probate attorney at Cortes Law Firm asks some of the most common questions and explains some detailed scenarios.

Does the departed loved one have a last will and testament or a revocable living trust? Those with a revocable trust, which was funded and managed properly, won’t have to go through a probate process. Is the representative named in the last will and testament, and are they still alive and willing to serve in the process? If not, the probate lawyer will check for an alternative member who should also be represented in the will.

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If there is no alternative representative to serve the last will and testament duties, then one will be appointed and must be agreed by the living family members. The appointed person should have a clean record, and no felonies according to state laws.

When the probating process occurs, the lawyer also asks whether the proceeding should be split amongst all the surviving heirs or if it is just one person to get everything. Are there any financial accounts within the estate? Out-of-state properties must be probated by attorneys within the state where the property is located. That state has jurisdiction. Working with the best probate lawyers can help get the process going, and you will receive valuable help during this time in resolving the probate process.


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