Best Probate Lawyers in Norwalk, CT

FAQs

• What is the non-emergency contact number for the local police station in Norwalk, Connecticut?

  The Norwalk Police Department can be informed about non-emergency incidents at (203) 854-3000.

• Where can I get a copy of police reports for incidents related to my case in Norwalk, Connecticut?

  You can request a copy of a police report by making an appointment with the Records Unit in the Norwalk police headquarters. Please book an appointment online here: https://nwlk.norwalkct.org/NOAH/. You may also reach the Records Unit by calling (203) 854-3009 or (203) 854-3151 or sending an e-mail to npdrecordsunit@norwalkct.gov.

• When should you consider hiring a lawyer for a probate case in Norwalk?

  You should consider legal representation when there are elements that could complicate your probate case. For instance, if the parties involved contest the terms of the will, questions regarding your family member’s specific circumstances may arise. The law itself requires the probate court in Norwalk to select an attorney for persons involved in a conservatorship or guardianship of minor children and individuals with disabilities.

• Are probate processes in Norwalk always complicated?

  No. Some simple probate cases in Norwalk can be carried out by family members who act as fiduciaries still under the supervision of the probate court. Proceedings involving small estates—those valued at $40,000 or less—can also be handled efficiently. In such cases, a probate lawyer can assist in drafting an affidavit to expedite the administration of the decedent’s assets.

• What documents should be submitted to the Norwalk probate court?

  Final tax returns, including gift and estate tax documents, are required by the court during probate proceedings in Norwalk. The court would also need papers containing information on estate assets and liabilities. To ensure these are prepared sufficiently and prevent issues that may arise during asset distribution, consider speaking with an attorney.

• What can you do if you are an estranged child who is left out of your father’s will in Norwalk?

  If you are not named in your father’s will but you believe you have a right to an inheritance, you can consult a probate lawyer in Norwalk and ask if and how you can dispute the will. An attorney can explain your rights as an estranged child and gauge your chances of successfully claiming the same amount of assets as your siblings.

• Is there another option for parties involved in a will contest in Norwalk other than going to court?

  Yes. Parties contesting a will in Norwalk can try working together through a mediation program available in Connecticut courts. The mediation process is facilitated by retired and active probate judges who have sufficient experience to help parties find beneficial ways to resolve their issues. Sessions last at least eight hours, in which mediators moderate a group discussion before giving each side a chance to speak.

• What does a probate attorney do?

  Probate attorneys are licensed professionals who represent executors and heirs after someone has died. They provide personalized legal advice, assist with tax planning, settle debts, and facilitate the distribution of assets. Probate attorneys typically represent clients during administrative proceedings overseen by probate courts, although some litigators focus on handling disputes and lawsuits related to contested estates.

• What is probate court?

  Probate court works with the family or beneficiaries of a deceased person to validate their last will and testament. The courts review the individual's will to identify and calculate assets, pay off remaining debts, and distribute the remaining property to beneficiaries per the deceased person's requests. Depending on state laws, property valued under a certain amount may not require probate.

• How long do you have to file probate after death?

  The amount of time loved ones have to file a will after a person dies varies from state to state. While California courts require probate to be filed within one year, New York has no deadline. That being said, it's advisable to file probate as quickly as possible once a person has died, as the process itself can take anywhere from a few weeks to more than a year.

• Does life insurance go through probate?

  Life insurance doesn't need to go through the probate courts if the deceased individual has named a beneficiary on their policy. However, life insurance policies without beneficiaries, or with beneficiaries who are either deceased themselves or cannot be contacted, go directly to the deceased individual's estate. When this happens, life insurance proceeds must go through probate court to determine how funds should be allocated.

• Do household items go through probate?

  While the exact rules do vary from state to state, most household items don't require probate and are automatically left to immediate families unless otherwise stated in the deceased person's will. When it comes to property, only items above a certain value or held in title are required to go through probate in most states.

• Do bank accounts with beneficiaries have to go through probate?

  In the event a beneficiary has been named, bank accounts are not required to go through probate and will be paid directly to the person designated by the deceased individual. However, should that individual be deceased themselves or if contact cannot be made after a certain period of time, funds will be allocated to the estate and put through the probate process.

• What happens if no probate is filed?

  Depending on the circumstances, probate may not be required in all cases. If a person passes on and their remaining property is jointly owned, it automatically transfers to the other owner. However, if a property is not jointly owned and no probate has been filed, the executor of the will won't be able to transfer titles or cash assets to beneficiaries. Be aware that the specific laws surrounding probate requirements vary from state to state.

• What is probate real estate?

  Probate real estate is the process that happens when a realtor steps in to handle the sale or transfer of a deceased person's owned home to another individual. In some cases, the house is sold as a means of liquidating assets, and proceeds from the sale are used to pay debts or are distributed to beneficiaries.

• Can I probate a will or estate without an attorney?

  It is possible to probate a will and close an estate without hiring an attorney. However, it requires multiple steps and an understanding of the law. The first step is to petition the court to appoint a representative for the estate. Next, the executor must notify all heirs and creditors before switching ownership from the decedent to the estate. Once all debts, taxes, and final expenses have been paid, funds can be transferred to heirs. To close an estate, the executor must submit a report showing the court that all obligations and final wishes have been satisfied. While a will and estate may seem straightforward, things can get complicated quickly if multiple heirs are involved, or if disputes or disagreements arise over distribution. A probate lawyer can help navigate these disputes effectively, and take pressure off the executor when beneficiaries aren’t getting along.

• How many years can an estate remain in probate?

  If the will or proposed distribution of property is contested, an estate may remain in probate for several years. The timeline depends on how long relatives have to initiate probate, how long creditors have to come forward, and how busy the courts are. In some states, such as Florida, relatives have just 10 days to initiate probate, and the entire process takes approximately six months. In other areas, such as Massachusetts, the process can last one to two years, although the majority of probate activities occur in the first nine months. The value of the estate also affects the duration of the case. For example, California and Texas have simplified procedures for smaller estates, such as those valued at $150,000 or less.

• When is a will's probate an automatic process?

  Probate is the legal process of validating a last will and testament to ensure that the decedent's wishes are followed. A probate judge may automatically clear wills if they're accompanied by an affidavit from the decedent, a notary, and a witness. Some assets, including financial accounts with designated beneficiaries, and funds held by certain types of trusts don't have to go through probate.

• What does it mean when property is under probate?

  Real estate that's under probate is typically liquidated through the court system, which is most common when someone dies without a will. Home buyers who are interested in this type of property must follow special rules regarding deposits, which are sometimes nonrefundable, and buyer's premiums. Additionally, the court must approve the purchase price.