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FAQs / Probate Process / What should I do to prepare for seeing a probate attorney?

What should I do to prepare for seeing a probate attorney?

If you are a beneficiary or an appointed executor, meeting with a probate attorney is part of the process of administering the estate of the decedent. The attorney will help you determine what will be required to wrap up the decedent’s affairs. Sometimes the decedent will have done the necessary planning prior to death, so that no probate administration is required. Often some form of probate will be necessary, either a formal probate administration in which a personal representative, aka executor, is appointed, or a summary administration to transfer one or two assets directly to designated beneficiaries. In certain cases, a probate may not be necessary, but a trust administration must be conducted.

It is recommended that you begin collecting relevant documents before speaking with the attorney, including:

1.) Original Will and Codicils, or copies (if available).
2.) Trust Documents, including Amendments and Restatements.
3.) Original Death Certificate (short form without the cause of death).
4.) Copies of any documents related to financial assets in the sole name of the decedent, including financial statements for bank accounts and insurance paperwork.
5.)Full contact information for beneficiaries and executor(s), including full names and mailing address.

While the original Will is not necessary in order to initiate the probate process, its always preferable that the original Will be utilized in the probate process. Also having a copy of the death certificate available can expedite the process, but the attorney can always order these on your behalf. Lastly, it is important to bring a written list of the names, addresses, and contact information of any of the decedent’s children, relatives, or family members.

Contact Florida Probate Law Firm for a Free Consultation today at (561) 210-5500.

Probate Process FAQs

  • Where is probate handled?
  • Do I need the original will?
  • Do I need to file tax returns for the estate?
  • Do I need to give notice to secured creditors?
  • How are estate creditors handled?
  • How does the probate process work?
  • How is the Internal Revenue Service (IRS) involved in the probate process?
  • Is there a small estate exception to probate?
  • My spouse died and left a will leaving his assets to me and my children. Do we have to probate the will?
  • The decedent owed me money. How do I file a claim against the estate?
  • Are probate records available on the internet?
  • How should I deal with the time and cost of probate?
  • Do life insurance or retirement benefits need to go through probate?
  • What is a formal probate?
  • What is ancillary probate?
  • What rights do surviving family members have in probate?
  • What should I do to prepare for seeing a probate attorney?
  • How can I plan to avoid or minimize probate?
  • How long will probate take?
  • How can an attorney assist me in the probate process?
  • Why Is It Important to Know the Names and Addresses of the Family Members and Relatives of the Deceased?
  • What is probate?
  • What are Letters of Administration in Probate?

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      • Lack of Capacity
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      • Undue Influence
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