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.

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Here Are The Top Probate Lawyers Near 20149

Westlake Legal Group is a law firm based in Potomac Falls that has been serving clients throughout Virginia since 1992. It offers legal services in a range of areas, including probate, estate planning, personal injury, criminal law, family law, and bankruptcy. The team provides guidance to fiduciaries tasked with administering an estate either as a trustee, an administrator, or an executor through the challenging and sometimes overwhelming process of probate, especially when disputes are involved.

(703) 406-7616

46175 Westlake Dr Ste 320, Potomac Falls, VA 20165

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(703) 406-7616 Website

Victor Y. Johnson of Graham Law Firm LLC is a probate lawyer near Athens with over 25 years of experience in estate law. Attorney Johnson represents clients in probate proceedings, and he assists with estate planning matters such as drafting of living wills and last wills and testaments, setting up trust accounts and powers of attorney agreements, and advising on estate taxes. The law firm was founded in 1952, and its additional practice areas include elder law and family law.

(706) 795-2184

116 Edwards Ferry Road, Suite E, Leesburg,, VA 20176

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(706) 795-2184 Website

The Trusts and Estates Lawyers Price Benowitz LLP partner Kerri Castellini has provided her clients with financial advice for more than 10 years. Ms. Castellini assists family members through estate and trust administration during the probate process. She works with representatives of testate and intestate estates to appropriately manage responsibilities and disperse assets. Kerri Castellini also works in her clients' best interests with estate planning and guardianship matters, tailoring each to meet their needs.

(301) 825-9030

20 West Market Street, Leesburg, VA 20176

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(301) 825-9030 Website

Bergstrom Attorneys has represented the best interests of its clients for more than 11 years. The firm's probate attorneys in Arlington handle a wide variety of estate planning matters. They help ensure clients' and their loved ones' financial needs are protected in the event of injury or illness with a revocable trust, medical directive, and durable power of attorney. Bergstrom Attorneys also creates an estate plan that identifies the executor and heirs, streamlining the probate process.

(703) 291-8838

4000 Legato Road, Fairfax, VA 22033

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(703) 291-8838 Website

PJI Law PLC assists families with probate matters such as the securing of assets, payment of debts, and identification of heirs. It handles estate administration and provides estate planning services, drafting wills, powers of attorney, and transfer-on-death deeds. PJI Law also assists businesses with business succession plans, contract and partnership disputes, collections, and mechanic's liens. Other business law services include business formations, contracts and agreements, registered agent services, and commercial leases.

(703) 865-6100

3900 Jermantown Road, Fairfax, VA 22030

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(703) 865-6100 Website

Hale, Ball, Carlson, Baumgartner, Murphy PLC is a law firm with a team of probate lawyers near Alexandria who provide legal representation for businesses and individuals. Its attorneys help clients navigate the probate system and defend their legal rights when disputes occur during the estate administration process. The firm creates customized estate plans involving wills, trusts, and powers of attorney. Hale Ball also offers legal services in the areas of elder, family, and business law.

(703) 386-7637

10511 Judicial Drive, Fairfax, VA 22030

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(703) 386-7637 Website

Founded in 1979, Blankingship & Keith PC is a law firm that offers clients the legal services of an experienced partnership of estate planning attorneys near Alexandria. After a loved one's passing, its attorneys assist executors with probate matters when litigation becomes necessary to resolve any estate disputes. The firm drafts a variety of simple or complex wills and trusts that meets the client's financial needs. Blankingship & Keith also handles personal injury matters, real estate transactions, family law, and business and tax cases.

(703) 691-1235

4020 University Drive, Fairfax, VA 22030

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(703) 691-1235 Website

Trusts and Estates attorney Kerri Castellini is a probate lawyer in Alexandria who guides personal representatives through the probate process. She helps set up the necessary documents for court and can coach the executor on their obligations and how to fulfill them. She also assists with inventorying and auditing assets, preparing the estate tax return, and distributing assets to beneficiaries. Kerri Castellini has been named a Rising Star by Super Lawyers since 2017.

(202) 858-2701

10505 Judicial Drive, Fairfax, VA 22030

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(202) 858-2701 Website

Legacy Counsel Law PLLC has been dedicated to providing reliable and personalized estate planning solutions for more than 20 years. The firm's attorneys help ensure clients' legacy objectives are carried out as they intended. They advise on the careful selection of a fiduciary to manage the administration of the estate in the best interests of the beneficiaries. Legacy Counsel Law also provides trust advisors that offer the technical and legal guidance required to deliver the most cost-effective and efficient results.

(703) 448-7575

6718 Whittier Avenue, McLean, VA 22101

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(703) 448-7575 Website

Diane K. Kuwamura of Kuwamura Law Group PA is a probate attorney near Silver Spring. The firm assists the estate's administrator with filing the proper paperwork and it provides legal representation in court during proceedings. It also notifies the relevant parties and gives guidance regarding estate tax matters. Ms. Kuwamura is an active member of the Maryland State Bar Association and she has been practicing law for over 20 years.

(301) 587-2241

11140 Rockville Pike, Rockville, MD 20852

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(301) 587-2241 Website

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Expert Answers To Common Questions:

What does a probate attorney do?
What is probate court?
How long do you have to file probate after death?
Does life insurance go through probate?
Do household items go through probate?
Do bank accounts with beneficiaries have to go through probate?
What happens if no probate is filed?
What is probate real estate?
Can I probate a will or estate without an attorney?
How many years can an estate remain in probate?
When is a will's probate an automatic process?
What does it mean when property is under probate?

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.

Related Resources

6 Steps To Hire A Probate Attorney

When an estate requires probate, hiring a probate attorney is a good idea. A lawyer who deals with probate will know how to manage estate taxes, access all the estate’s assets, file probate documents correctly, and act as a buffer between feuding family members, if needed. Here's how to hire the right lawyer for the job.

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