Expertise.com

Best Probate Lawyers in Pearland

Laurels
Laurels

We did the research for you!

Learn more
  • checkboxLicensing
  • checkboxUser Reviews
  • checkboxMystery Shopping Calls

Probate Lawyers FAQs

Learn more
Abii & Associates logo
Visit WebsiteWebsite

Abii & Associates

4543 Post Oak Pl. Dr., Houston, TX 77027
Visit WebsiteWebsite
  • Estate Planning

Business Description

Since 2017, Abii & Associates has been offering personalized legal services to individuals and small and medium-sized businesses in Pearland. Its expertise in legal and business advisory includes estate planning, business contracts, and real estate. Firm principal Ezenwanyi Abii is an attorney and real estate professional with a business background, providing her clients with a holistic approach to resolving their legal issues. She offers life planning resources, such as asset tables and contact sheets, to help clients protect and provide for their families.

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 (66)
Yelp
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
Chad Blasingame Attorney & Mediator logo
Visit WebsiteWebsite

Chad Blasingame Attorney & Mediator

1414 S Friendswood Dr Suite 222/224, Friendswood, TX 77546
Visit WebsiteWebsite
  • Wills
  • Estate Planning
  • Probate

Business Description

Chad Blasingame, Attorney & Mediator, aims to help clients in preserving, handling, and maintaining their wealth and assets before and after death. Serving Pearland and the nearby areas, the firm represents individuals and families in the preparation, drafting, and execution of any or all of their estate planning documents such as wills and living trusts, durable powers of attorney, and health care directives to avoid probate. The firm's sole practitioner, Chad Blasingame, is also a mediator who has been practicing law for over 30 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.
4.8
Google
4.9 / 5 (60)
Facebook
4.7 / 5 (12)

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
Derouen Law Firm PLLC. logo
Visit WebsiteWebsite

Derouen Law Firm PLLC.

12234 Shadow Creek Parkway, Pearland, TX 77584
Visit WebsiteWebsite
  • Probate

Business Description

Derouen Law Firm, PLLC handles the probate cases of clients in Pearland and the neighboring communities. It helps individuals secure the future of their loved ones and plan for the distribution of their estates by creating and drafting wills and trusts. It also caters to those who are needing assistance with divorce, child custody, and child support. Founding attorney Brenda G. DeRouen serves on the board of directors of the Houston Association of Women Attorneys.

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 (39)

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
John Powell III, P.C. logo
Visit WebsiteWebsite

John Powell III, P.C.

2809 Miller Ranch Road Suite 429, Pearland, TX 77584
Visit WebsiteWebsite
  • Estate Planning

Business Description

John Powell III, P.C., is a legal practice in Pearland that provides assistance with probate issues. With over 20 years of legal experience, its lawyers are skilled in representing family members, trustees, will administrators, and executors through all phases of the probate process. They aim to protect their clients' interests by learning about their needs, goals, and situations. The firm also handles divorce and family law matters. Its founder, John Powell III, has been practicing law since 1997.

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.
4.7
Google
4.7 / 5 (47)
Facebook
5.0 / 5 (6)
Yelp
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
Kersh Law Firm logo
Visit WebsiteWebsite

Kersh Law Firm

9307 Broadway Street, Suite 210, Pearland, TX 77584
Visit WebsiteWebsite
  • Wills
  • Estate Planning
  • Probate
  • Estate Administration

Business Description

Kersh Law Firm provides legal representation and advice to clients with probate cases in Pearland. It helps clients navigate complex probate proceedings by handling various legal tasks, such as drafting trust documents and resolving estate disputes. It also commits to taking the time to understand its clients' goals before developing customized legal plans that can make a difference in their unique cases. Shane Kersh, the principal attorney, is a member of the Family Law Section of the Houston Bar 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.
4.8
Google
4.8 / 5 (55)
Facebook
4.0 / 5 (8)

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
Larkin Law Firm P.C. logo
Visit WebsiteWebsite

Larkin Law Firm P.C.

11200 Broadway Street Suite 2705, Pearland, TX 77584
Visit WebsiteWebsite
  • Estate Planning

Business Description

Since 2009, Larkin Law Firm P.C. has been representing clients throughout Pearland. It advises individuals on probate court's procedural requirements and educates them on issues concerning inheritance law. For people seeking to avoid the probate process, the firm creates an estate plan that includes documents like living trusts. It also takes on family law cases and advocates for the client's interests in mediation over child support disputes. Patrick Larkin, its founder, is the former chairman of the board of the Pearland Chamber of Commerce.

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.
4.0
Google
4.2 / 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.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Law Office of Carrie Kemper Allen PLLC logo
Visit WebsiteWebsite

Law Office of Carrie Kemper Allen PLLC

7924 Broadway Suite 106, Pearland, TX 77581
Visit WebsiteWebsite
  • Estate Planning
  • Probate

Business Description

Law Office of Carrie Kemper Allen PLLC is a Pearland-based firm providing legal guidance to individuals and families. It assists in administrating an estate, designating heirs and beneficiaries, and knowing the difference between the probate and non-probate process. Its legal team conducts in-person and virtual consultations to build a strong case and provide personalized counsel and representation. The firm's lawyer, Carrie Kemper Allen, has been practicing law since 2003. She fosters dogs in her home and works with WAGS Fund, the local pet rescue.

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 (31)
Avvo
5.0 / 5 (7)
Yelp
5.0 / 5 (3)

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
Law Office of Leena Bhasin logo
Visit WebsiteWebsite

Law Office of Leena Bhasin

11200 Broadway Street Suite 2743, Pearland, TX 77584
Visit WebsiteWebsite
  • Trusts
  • Wills
  • Estate Planning
  • Probate

Business Description

The Law Office of Leena Bhasin offers legal guidance and representation in probate proceedings to the locals of Pearland. It helps them finalize the financial and legal affairs of their deceased loved ones' estate. Clients are also assisted in drafting wills, opening trusts, establishing heirships, setting up guardianships, and naming appointees in their medical powers of attorney. The firm also handles cases concerning immigration and family laws. Leena Bhasin has over 15 years of legal experience.

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
4.5 / 5 (182)
Facebook
4.5 / 5 (57)

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
––
Law Office of Victor A. Sturm, P.C. logo
Visit WebsiteWebsite

Law Office of Victor A. Sturm, P.C.

2420 Grand Boulevard, Pearland, TX 77581
Visit WebsiteWebsite
  • Wills
  • Estate Planning
  • Probate Litigation
  • Probate

Business Description

The Law Office of Victor A. Sturm, P.C., is a private multi-practice law firm that serves the residents of Pearland and the surrounding areas. It provides probate and trust administration services, including the collection, management, and distribution of property and assets. It also represents clients in disputes involving the validity and legality of wills, division of assets, and fiduciary liability. Principal attorney Victor Sturm has been practicing law for over 45 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
4.7 / 5 (12)
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
McNair Law Group logo
Visit WebsiteWebsite

McNair Law Group

2600 South Shore Blvd, Suite 300, League City, TX 77573
Visit WebsiteWebsite
  • Estate Planning
  • Probate Litigation

Business Description

McNair Law Group provides estate planning legal services to clients in Pearland and nearby communities. The firm's services revolve around estate planning, elder law, special needs planning, probate, and trust administration. Its probate attorneys assist in the legal process of probate by gathering paperwork and documents, dealing with death taxes, and processing death benefits. McNair Law Group offers tailored services to meet the needs of each client by using non-traditional methods to preserve family assets.

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
4.9 / 5 (17)
Google
4.9 / 5 (10)
Avvo
5.0 / 5 (4)

(+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.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
––
Phillips & Phillips Law logo
Visit WebsiteWebsite

Phillips & Phillips Law

3322 East Walnut Street STE 111, Pearland, TX 77581
Visit WebsiteWebsite
  • Probate

Business Description

Based in Pearland, Phillips & Phillips Law is a team of attorneys who assist clients in navigating various probate matters and procedures. They commit to taking the time to listen to their clients, enabling them to develop customized plans that match their unique probate cases. They also work with clients in exploring multiple possible legal options to ensure that their probate proceedings run smoothly. Lead attorney Kenneth Ray Phillips has more than 38 years of experience in the field.

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
Rodriguez and Morgan Law Offices, PLLC logo
Visit WebsiteWebsite

Rodriguez and Morgan Law Offices, PLLC

7924 Broadway, Suite 108, Pearland, TX 77581
Visit WebsiteWebsite
  • Trusts
  • Wills
  • Estate Planning

Business Description

Rodriguez and Morgan Law Offices, PLLC is a Pearland-based law firm of general civil and probate attorneys that serves businesses and residential clients. These attorneys are experienced in different aspects of probate and estate administration and estate planning, as well as family law matters including child custody, divorce, and prenuptial agreements. They also offer complete assistance in business entity formations and tax planning and with issues involving employment discrimination, contracts, or disputes.

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.
3.9
Google
3.7 / 5 (6)
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
The Brannon Law Firm, PLLC logo
Visit WebsiteWebsite

The Brannon Law Firm, PLLC

2005 Cullen Blvd, Pearland, TX 77581
Visit WebsiteWebsite
  • Trusts
  • Estate Planning
  • Probate
  • Power of Attorneys

Business Description

Serving Pearland, the Brannon Law Firm PLLC endeavors to help clients protect their loved ones and preserve their legacies. The law firm offers probate and estate planning services, such as court representation, drafting of wills, and setting up trusts. It also assists clients in preparing Lady Bird deeds or Enhanced Life Estate deeds and Transfer on Death deeds. Primary lawyer Kristin Brannon has been practicing law since 2001. She volunteers for the Houston Bar Association Speakers Bureau.

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 (20)

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
The Clark-Cunningham Law Firm, PLLC logo
Visit WebsiteWebsite

The Clark-Cunningham Law Firm, PLLC

11200 Broadway, Suite 2743, Pearland, TX 77584
Visit WebsiteWebsite
  • Wills

Business Description

The Clark-Cunningham Law Firm, PLLC, serves the people of Pearland and neighboring regions. Nicole Clark-Cunningham, its managing attorney, offers guidance and assistance to clients dealing with probate, will and estate, and guardianship matters. Her office is committed to providing zealous advocacy to safeguard clients' rights and futures. Cunningham also takes on issues involving family law and criminal defense. As a former prosecutor, she brings a unique perspective to cases she's handling by being able to analyze them both from the prosecution's and the defense's perspectives.

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.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
The Dayton Law Firm PLLC logo
Visit WebsiteWebsite

The Dayton Law Firm PLLC

907 S. Friendswood Drive, Suite 210, Friendswood, TX 77546
Visit WebsiteWebsite
  • Estate Planning

Business Description

The Dayton Law Firm PLLC serves Pearland families and businesses. It assists with probate, estate planning, and Miller trusts. The firm also handles corporate and family matters, including business formation and non-compete agreements. Founder Scott R. Dayton strives to provide the quality of legal service normally provided to Fortune 500 companies. He draws from his experience working with one of the nation's largest firms, Weil, Gotshal & Manges LLP. He is admitted to practice in the U.S. Supreme Court.

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 (7)

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
The Furey Law Firm logo
Visit WebsiteWebsite

The Furey Law Firm

2635 Miller Ranch Road #101, Pearland, TX 77584
Visit WebsiteWebsite
  • Wills
  • Estate Planning

Business Description

The Furey Law Firm offers legal assistance to individuals and families in the Pearland area. Its primary attorney, Eric Furey, has been serving clients since 2004. His practice areas include estate planning, business and commercial transaction, and family and maritime law. Furey aims to facilitate the clients' transfer of wealth, assets, and properties to their beneficiaries. His estate planning services involve preparing wills, trusts, guardianships, powers of attorney, and business succession plans. He also helps in planning advanced health care directives.

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 (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
The Gonzalez Law Group, PLLC logo
Visit WebsiteWebsite

The Gonzalez Law Group, PLLC

7151 Office City Drive, Houston, TX 77087
Visit WebsiteWebsite
  • Trusts
  • Wills
  • Estate Planning

Business Description

The Gonzalez Law Group, PLLC is a full-service law firm that works on probate cases in Pearland. The team of attorneys and legal professionals provides services in handling legal issues in matters such as dependent and independent estate administration, affidavits of heirship, informal determination of heirship, avoiding formal administration, small estate affidavit, and muniment of titles. It also helps clients in contesting wills and guardianship cases. The Gonzalez Law Group also offers services on family 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.
4.3
Google
4.3 / 5 (716)
Facebook
4.3 / 5 (86)
Yelp
3.5 / 5 (16)

(+2 additional sources)

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
The Law Office of Erin C. Callahan, PLLC logo
Visit WebsiteWebsite

The Law Office of Erin C. Callahan, PLLC

1120 NASA Pkwy #642, Houston, TX 77058
Visit WebsiteWebsite
  • Wills
  • Estate Planning

Business Description

The Law Office of Erin C. Callahan, PLLC, provides its services to individuals and families in the Pearland metro and the surrounding communities. It helps protect the rights of its clients and assists them with probate-related matters, such as estate planning, powers of attorney, and wills and trusts. It also takes on cases involving incapacity and disability planning. Erin C. Callahan, the firm's attorney, is a member of the Houston Association of Women Attorneys and the National Association of Women Lawyers.

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 (9)
Facebook
5.0 / 5 (8)

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
The Law Office of Jennifer G. Morton, PLLC logo
Visit WebsiteWebsite

The Law Office of Jennifer G. Morton, PLLC

8325 Broadway St. Ste 202-10, Pearland, TX 77581
Visit WebsiteWebsite
  • Trusts
  • Wills
  • Estate Planning

Business Description

The Law Office of Jennifer G. Morton PLLC in Pearland exclusively offers services centered on estate planning and probate-related matters. Jennifer Morton and her staff help clients implement various legal devices as part of their estate plan for their death or incapacity, such as medical powers of attorney designating the client's health care agent. They also provide representation and legal advice to clients with heirship concerns. Morton has been practicing law since 2012 and has focused her recent work on estate planning.

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
The Winton Law Firm, P.L.L.C. logo
Visit WebsiteWebsite

The Winton Law Firm, P.L.L.C.

11200 Broadway St, Pearland, TX 77584
Visit WebsiteWebsite
  • Wills
  • Estate Planning

Business Description

The Winton Law Firm, P.L.L.C. assists clients in Pearland in probate law matters. It represents clients in filing probate court suits, such as applications for heirship, independent administration, sale of real property of a minor, and small estate affidavits. It also handles criminal court matters, including misdemeanors, felonies, and nondisclosures of criminal records. The firm's other practice areas include divorce, child custody, and premarital agreements. Its founding attorney, Jason Winton, served as a commercial litigation paralegal before entering law school.

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
Avvo
4.5 / 5 (10)
Google
4.0 / 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
––
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