Probate

Follow these steps to hire a probate attorney if you've been named the executor of a will and you need immediate help.

6 Steps To Hire A Probate Attorney

(248) 796-5500 is the non-emergency contact number of the Southfield Police Department.

You can obtain a copy of the police report that is related to your case from the Southfield Police Department Records Bureau. Submit a written request in person or through mail to Southfield Police Department – Records Bureau, 26000 Evergreen Road, Southfield, MI 48076. You can also call the bureau at (248) 796-5580 for more information.

In Southfield, probate is required to administer an estate in the following scenarios: 1) If the deceased loved one did not have a will before passing away, 2) if the deceased family member left a will behind but did not have a living trust or a more comprehensive estate plan, and 3) the deceased loved one had a living trust but family members or creditors are contesting the trust.

Probate cases in Southfield are handled by the Oakland County Probate Court. The court is located at 1200 N. Telegraph Rd., Dept. 457, Pontiac, MI 48341. The Probate Court Clerk’s Office accepts filings in person, by mail, or through fax at 248-452-2016. The court does not accept filings through email.

A probate lawyer in Southfield can assist in getting a certain family member of the deceased loved one appointed as a personal representative, obtaining a probate bond, preparing the asset inventory and accounts, searching for assets, and determining if someone is an heir. They can also help with transferring assets and real estate, closing the estate, fighting creditors, and handling will contests.

Probate in Southfield can take about seven months to complete, regardless if it is supervised or unsupervised by the court. However, some probate cases may take a longer time to complete due to several factors, including the size of the estate, the duration of locating a will, appointments of personal representatives, will contests, and disputes with creditors.

For wrongful death victims in Southfield, the beneficiary must open a probate estate to proceed with a wrongful death lawsuit. A personal representative must also be appointed to administer the estate. Settlement awards may be given to the rightful heirs, as well as to individuals who might not be heirs to the estate but suffered damages like lost wages, medical costs, mental anguish, and loss of consortium.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.