Expertise.com

Best Probate Lawyers in Tulsa

Laurels
Laurels

We did the research for you!

Learn more
  • checkboxLicensing
  • checkboxUser Reviews
  • checkboxMystery Shopping Calls

Probate Lawyers FAQs

Learn more
McDaniel Acord, PLLC logo
FEATURED
Visit WebsiteWebsite

McDaniel Acord, PLLC

9343 E 95th Ct, 9343 E 95th Ct, OK 74133
Visit WebsiteWebsite
  • Trusts
  • Wills
  • Estate Planning
  • Living Trust
  • Elder Law
  • Trust Administration
  • Probate Litigation
  • Estate Settlement
  • Legacy Care
  • Power of Attorneys
  • Real Estate
  • Will Contests
  • Estate Administration
  • Living Wills
  • Special Needs Trust
  • Medi-Cal Trusts
  • Asset Protection
  • Probate Administration
  • Litigation
  • Wills and Trusts
  • Adult Guardianship
  • Probate

Business Description

McDaniel Acord PLLC is a multi-practice firm that caters to clients in Tulsa. It represents heirs, trustees, and administrators in the handling and administration of trusts and estates. Its attorneys also provide counsel and representation in other legal fields, such as personal injury, commercial, employment, bankruptcy, and family law. Partners Scott McDaniel and Kelly M. Hunt are mediators who assist parties in negotiating disputes in civil matters to avoid litigation. The firm's attorneys are licensed to practice law both in Texas and Arkansas.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Google
4.7 / 5 (28)
Avvo
5.0 / 5 (4)
Facebook
5.0 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
––
Ann H. Morris, P.C. logo
Visit WebsiteWebsite

Ann H. Morris, P.C.

2021 S. Lewis Avenue Suite 450, Tulsa, OK 74104
Visit WebsiteWebsite
  • Estate Planning

Business Description

Ann H. Morris, P.C. provides legal representation for clients in Tulsa and the neighboring areas. Morris handles matters in the practice area of probate, assisting families in probate and trust administration. She also deals with testate and intestate estate matters and assists clients in protecting their family's assets. She holds over two decades of experience in legal practice and also offers estate planning services. Morris does not provide a one-size-fits-all solution for clients, and instead addresses each client's personal circumstances and concerns with customized solutions.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (4)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Boeheim Freeman, PLLP logo
Visit WebsiteWebsite

Boeheim Freeman, PLLP

616 S Boston Ave Ste 307, Tulsa, OK 74119
Visit WebsiteWebsite
  • Trusts
  • Wills
  • Estate Planning
  • Probate Litigation

Business Description

Boeheim Freeman PLLP in Tulsa advocates for clients in a range of legal matters, focusing on probate, estate planning, family law, and criminal defense. The firm helps clients navigate the complex probate process and also offers estate planning advice on matters involving wills and trusts, powers of attorney, and advance directives. The firm employs multilingual staff, with communication available in English and Spanish. Lead attorney Brian Boeheim was named among the Rising Stars by Super Lawyers in 2018.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Facebook
4.8 / 5 (49)
Google
4.6 / 5 (42)
Yelp
5.0 / 5 (1)

(+1 additional source)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Briana J. Ross  PLLC logo
Visit WebsiteWebsite

Briana J. Ross  PLLC

7633 E. 63rd Pl., Suite 300, Tulsa, OK 74133
Visit WebsiteWebsite
  • Estate Planning

Business Description

Briana J. Ross PLLC is a law firm that provides legal services to clients in the Tulsa metro. It assists clients with various aspects of probate administration, such as probating wills and appointing executors to settle the estates, designating administrators to handle the estates without wills, and selling real properties that are part of the estates. Founding attorney Briana J. Ross has been in legal practice since 2006. She is a member of the Tulsa Title and Probate Lawyers Association.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (6)
Facebook
5.0 / 5 (4)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
––
Doerner, Saunders, Daniel & Anderson, LLP logo
Visit WebsiteWebsite

Doerner, Saunders, Daniel & Anderson, LLP

Two West Second Street, Suite 700, Tulsa, OK 74103
Visit WebsiteWebsite
  • Estate Planning
  • Probate

Business Description

Doerner, Saunders, Daniel & Anderson, LLP, is a law firm founded in the Indian Territory in 1896. Serving Tulsa and the surrounding communities, it provides legal advice and counsel in probate administration and litigation processes involving non-probated wills, filing of federal or state taxes on behalf of the estate, and conducting title transfers to beneficiaries. With almost 50 practitioners, the legal office handles cases involving trusts, estate planning, wealth management, and energy law.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.4
Yelp
5.0 / 5 (1)
Justia
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Dunlap Bennett & Ludwig PLLC logo
Visit WebsiteWebsite

Dunlap Bennett & Ludwig PLLC

616 S Boston Ave Ste 300, Tulsa, OK 74119
Visit WebsiteWebsite
  • Trusts
  • Wills
  • Estate Planning
  • Living Trust
  • Estate Taxes
  • Trust Administration

Business Description

Based in Tulsa, Dunlap Bennett & Ludwig PLLC is a law firm that offers legal services to a wide range of clients throughout the metro area and the surrounding communities. One of its main areas of practice is probate law, and its lawyers assist executors, administrators, and representatives of the decedent's estate in distributing the property to the heirs and paying off owed debts, including taxes. The firm also handles cases involving employment, business, immigration, and insurance law.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Yelp
4.0 / 5 (4)
Facebook
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Frasier, Frasier & Hickman, LLP logo
Visit WebsiteWebsite

Frasier, Frasier & Hickman, LLP

1700 Southwest Blvd, Tulsa, OK 74107
Visit WebsiteWebsite
  • Wills
  • Estate Planning
  • Probate Litigation

Business Description

Frasier, Frasier & Hickman LLP is a law firm in Tulsa that has been serving the community and the surrounding regions for over six decades. It represents clients in a multitude of legal matters, including probate, wills, and trusts. The attorneys work with families or representatives of deceased individuals to help them navigate the probate process with or without a will, including assisting in distributing the decedent's assets and paying off the estate's debts.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.4
Yelp
3.5 / 5 (3)
FindLaw
5.0 / 5 (3)
Avvo
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Gale Allison, PLLC logo
Visit WebsiteWebsite

Gale Allison, PLLC

PO Box 700116, Tulsa, OK 74170
Visit WebsiteWebsite
  • Trusts
  • Wills
  • Estate Planning
  • Estate Taxes
  • Trust Administration

Business Description

Gale Allison PLLC is a law firm in Tulsa representing clients in the metro area and the adjoining neighborhoods. The firm focuses on matters involving estate planning, including probate, trust and estate administration, estate litigation, estate and business succession planning, and estate-related tax issues. The attorneys advise and represent families and individuals entrusted with the duty of probating an estate or dealing with a loved one's assets, debts, and beneficiaries. Gale Allison has four decades of legal experience.

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
––
Gary Crews Law logo
Visit WebsiteWebsite

Gary Crews Law

Tulsa, OK 74136
Visit WebsiteWebsite
  • Trusts
  • Estate Planning
  • Living Trust

Business Description

The attorney of Gary Crews Law is committed to providing sound legal advising and service and has earned great reviews from clients, like one who wrote, "I have always appreciated his thoroughness, timeliness and solid counsel." The firm handles areas of law like estate planning, probate, wills, and interest transfers, as well as personal injury, oil and gas, and business and corporate matters. Gary W. Crews, Esq. has earned a reputation as a skilled negotiator, as well as an AV Preeminent rating from Martindale-Hubbell.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Google
4.8 / 5 (42)
Avvo
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Hall Estill Attorneys At Law logo
Visit WebsiteWebsite

Hall Estill Attorneys At Law

320 S Boston Ave Ste 200, Tulsa, OK 74103
Visit WebsiteWebsite
  • Trusts
  • Wills
  • Estate Planning
  • Inheritance Taxes
  • Estate Taxes
  • Trust Administration
  • Probate Litigation

Business Description

Hall Estill is a legal firm in Tulsa with more than 150 lawyers and legal professionals, serving clients from all over the nation. The firm advocates for clients in a wide range of legal matters, including offering advice and representation to clients in the probate process. It also works with families in business succession planning and buy-sell agreements and assists clients in the design and preparation of wills, living trusts with tax provisions, and life insurance trusts.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.3
Google
4.3 / 5 (6)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
J. Miller Law Firm PLLC logo
Visit WebsiteWebsite

J. Miller Law Firm PLLC

7136 S. Yale Avenue, Tulsa, OK 74136
Visit WebsiteWebsite
  • Trusts
  • Wills
  • Estate Planning

Business Description

J. Miller Law Firm PLLC represents individuals, families, and businesses in Tulsa. The firm handles every stage of the probate process after death, including paying creditors and expenses, distributing assets to heirs and designated beneficiaries, and transferring legal title to assets. Its services include probate and summary administration, trust administration, small estate administration, and transfer on death documents. Jamie Miller, who established the firm in 2014, used to serve as the Director of Title for community schools and an Associate Director of Title for the Indiana Department of Education.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (45)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
––
Jones Law Office PLLC logo
Visit WebsiteWebsite

Jones Law Office PLLC

5109 South Wheeling Avenue, Tulsa, OK 74105
Visit WebsiteWebsite
  • Wills
  • Living Trust
  • Estate Taxes

Business Description

Jones Law Office PLLC is a Tulsa law firm assisting individuals and businesses in various legal matters. It creates customized plans based on clients' needs and offers estate planning services that cover martial trusts, testamentary trusts, irrevocable trusts, asset transfers, and business succession planning. Founder Michael Jones has over 25 years of experience in negotiations and trials. Before establishing the firm, he worked as an attorney for Tulsa County and the City of Broken Arrow.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Karen Keith Wilkins, Attorney at Law logo
Visit WebsiteWebsite

Karen Keith Wilkins, Attorney at Law

1515 South Denver Avenue, Tulsa, OK 74119
Visit WebsiteWebsite
  • Wills
  • Estate Planning
  • Probate Litigation

Business Description

Karen Keith Wilkins, Attorney at Law is a Tulsa-based legal professional that practices in multiple areas, including probate which involves providing assistance in the distribution of assets. In addition, Wilkins also offers legal counsel on estate planning and family law, and she caters to nontraditional families and to the LGBTQA community. The attorney, who has been in practice since 2006, formerly served on the Tulsa County Bar Association's Board of Directors. She is trained as a collaborative family law mediator.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (5)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
––
Midtown Elder Law of Tulsa, Oklahoma logo
Visit WebsiteWebsite

Midtown Elder Law of Tulsa, Oklahoma

6363 East, 31st Street, Suite 112, Tulsa, OK 74135
Visit WebsiteWebsite
  • Estate Planning
  • Elder Law
  • Probate

Business Description

Midtown Elder Law of Tulsa, Oklahoma, offers legal assistance in the metro. Its principal attorney, Jorjana Marx, has been in the field for over a decade, helping individuals and families protect their assets. She handles matters involving probate, guardianship, estate planning, and elder law. Marx also assists with Medicaid and veteran benefits planning. The attorney is a member of the Elder Counsel and the National Academy of Elder Law Attorneys. She strives to partner with families in resolving issues concerning their elder loved ones.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (5)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
––
Robinett Swartz & Aycock logo
Visit WebsiteWebsite

Robinett Swartz & Aycock

624 South Boston Avenue, Tulsa, OK 74119
Visit WebsiteWebsite
  • Estate Planning
  • Probate

Business Description

Robinett Swartz & Aycock is a Tulsa law practice founded by Tracy Robinett, who has over three decades of legal experience. The firm assists with probate, wills, trusts, and estate planning. Associate attorney Grant Carpenter has been practicing in the areas of probate, estate planning, personal injury, and business litigation since 2015. He is a member of the American Bar Association. With a focus on domestic matters, civil litigation, and business transactions, Robinett Swartz & Aycock also serves as counsel for other law firms.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.4
Google
4.6 / 5 (11)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
––
Robinson Law PC logo
Visit WebsiteWebsite

Robinson Law PC

9175 South Yale Avenue, Tulsa, OK 74137
Visit WebsiteWebsite
  • Trusts
  • Wills
  • Estate Planning
  • Probate Litigation

Business Description

Robinson Law PC takes a compassionate and personalized approach in probate and estate planning matters. Since 1991, Mark and Roberta Robinson have been providing legal counsel to clients in Tulsa. They offer assistance in drafting advanced medical directives, wills and trust, and power of attorney. The attorneys also represent individuals and families in probate proceedings, which involve the transfer of assets to beneficiaries. In addition to probate and estate planning, the firm also takes care of bankruptcy and business law cases.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Google
4.8 / 5 (66)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Sullivent & Fontanez, PLLC logo
Visit WebsiteWebsite

Sullivent & Fontanez, PLLC

616 S Boston Ave Ste 300, Tulsa, OK 74119
Visit WebsiteWebsite
  • Trusts
  • Estate Planning

Business Description

Sullivent & Fontanez PLLC is a law firm located in Tulsa advising and representing clients in the probate process following a loved one's death. The attorneys help executors and representatives of the decedents' estate in getting the property appraised, filing documents as required by the probate court, collecting and managing life insurance proceeds, and clearing the estate's debts. The firm can also assist in other areas of law, including aviation, corporate, banking, and real estate law.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9
Facebook
5.0 / 5 (4)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Terrel B. DoRemus & Associates logo
Visit WebsiteWebsite

Terrel B. DoRemus & Associates

10202 East 41st Street, Tulsa, OK 74146
Visit WebsiteWebsite
  • Trusts
  • Wills
  • Estate Planning
  • Probate

Business Description

Terrel B. DoRemus & Associates offer legal guidance and representation in matters of probate law to the people of Tulsa. It assists clients in proving the validity of a will, taking inventory of a decedent's assets, identifying and repaying debts, and distributing the remaining assets to heirs and beneficiaries. The firm also handles personal injury, insurance disputes, motor vehicle accidents, and juvenile defense. Founder Terrel B. DoRemus has been in private legal practice for 40 years.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.5
Google
4.5 / 5 (21)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Wesley G. Casey, P.C. logo
Visit WebsiteWebsite

Wesley G. Casey, P.C.

427 South Boston Avenue, Tulsa, OK 74103
Visit WebsiteWebsite
  • Estate Planning

Business Description

Wesley G. Casey, P.C., is a Tulsa-based attorney providing probate law and estate planning services in the metro. Casey has represented more than a hundred clients and has been serving the community for over 28 years. He helps individuals protect their assets upon death by arranging advance directives or living wills. Casey also provides assistance in estate tax issues, guardianships, conservatorship, will drafting, and executor choosing. Casey also lends his experience in healthcare planning and special trusts, among others.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Winters & King logo
Visit WebsiteWebsite

Winters & King

2448 East 81st Street, Tulsa, OK 74137
Visit WebsiteWebsite
  • Trusts
  • Wills
  • Estate Planning

Business Description

For more than 30 years, Winters & King has been assisting families in Tulsa in navigating the probate process. The law firm has extensive experience handling different types of estates, including those with wills, trusts, and charitable contributions. The firm's attorneys guide clients through every step of the probate process, helping them avoid common legal mistakes and resolve related disputes. Winters & King's practice areas also include family law concerns, such as divorce, paternity, and child custody and support.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9
Google
4.9 / 5 (106)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
––
Back to Providers

Frequently Asked Questions

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.

Read all FAQs