Losing a loved one is never easy, especially if you’re the one responsible for the property left behind. Unless the decedent has set up a living trust, you’ll need to go through the probate process — even if you’re the sole beneficiary of their estate. According to the American Bar Association, “Probate is the formal legal process that gives recognition to a will and appoints the executor or personal representative who will administer the estate and distribute assets to the intended beneficiaries.” Let’s review the key players who will help you navigate the probate process, as well as the phases of probate inheritance you’ll need to go through, so you can cope with your loss knowing your loved one’s estate will be taken care of. The first person you need to contact when you inherit property is a good probate attorney. A probate attorney will tell you what documents you need for court, draft and file the probate petitions, and speak on your behalf to the judge presiding over your case. Your attorney can also advise you on the steps you’ll need to take throughout the probate process. When selecting your probate attorney, the first questions you need to ask are about their probate experience — how many cases they’ve handled and how long they’ve been practicing probate law. If your probate case has special circumstances, such as farmland that needs harvesting or a tenant residing in the probate property, you should ask the prospective attorneys if they have handled cases similar to yours. You may even want to check their references by asking to speak to satisfied clients. Also ensure that yours is a transactional lawyer who specializes in handling the administrative, paperwork side of probate, which is the majority of the work in most uncontested probate cases. You’d only need a probate litigator if there are contested matters that require litigation. Finally, make sure you have a good rapport with the attorney you select. You need to feel comfortable communicating with your attorney because the probate process is a lengthy one. According to Sacramento-based probate attorney John Palley, “Many states, like California, are in a traditional, formal probate process with a timeline that takes six or seven months to a year or more on the long end.”The 3 key players in probate inheritance
Player 1: The probate attorney
