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How to Start Probate

If you find yourself in a situation where a loved one has passed away and you know that you’ve got to do something, most likely file probate, you will probably need an attorney. Today I want to give you an idea of the process and some insight on questions and documents that an attorney may ask for while you are calling around.

To start a probate, you are going to need a certified copy of the death certificate of the individual that passed away, because the court requires it with the initial filings. Another thing you are going to need is the original will, that is if there is a will, to lodge it with the court. If there is not a will, of course, then you do not need to worry about it. You are also going to need to know what the assets of the deceased are. That is a common question and you have to know the answer to it, because probate court is all about the assets and distributing them to the heirs. The judge in probate orders that the assets be distributed to the heirs, so you need to know what the assets are. It is okay if you do not know all of them, it can be an ongoing process. They are also going to ask what the liabilities or the debts are. If you know of any debts of the decedent; common debts include medical bills, credit cards, mortgage, etc.

In sum, when you’re getting ready to call an attorney, or you’re thinking about probate, then you’re going to need to have the will if there is one, a certified copy of a death certificate, information on the assets of the decedent, information on the liabilities of the decedent, and finally, you’re going to want information on the heirs of the decedent. This is especially important if there is no will, although either way you are going to need to know and inform the court who the possible heirs are, meaning who is the decedent leaving behind in terms of family. Do they have a spouse? Do they have children? Do they have parents that are living? Do they have siblings that are alive? If they do not have any of the above, then we have got to find the next of kin, so then we go down to uncles, cousins and so forth. This is significant because you are going to have to notice the heirs of the probate. Everybody is going to get notice that this person passed away and that we are now in court trying to distribute his or her assets.

If you have a probate case or have some questions on probate, visit our Website for more information. To schedule a complimentary, 15-minute phone consultation with our attorneys call (702) 850-7798 or click here to schedule your complimentary consultation.

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