Probate & Estate Administration
Experience Matters
Probate & Estate Administration Overview
“Probate” is often used generally to describe any court-related process that resolves an estate after somebody dies. But probate has a more distinct meaning. Probate is a court-monitored process of approving a “Will,” transferring property and settling a decedent’s affairs. If someone dies without a will, the process by which a decedent’s affairs are settled is called an “Administration.” The processes are similar in some ways, but often require different steps. Onello Law Group has represented clients in both types of matters; we can help you settle a Decedent’s affairs with as little stress as possible in a process that is often confusing if you are self-represented.
Things to Know About Probate & Administration
First Step
In many situations, the first thing you can do when a family member (or friend) passed away – obtain a death certificate. This often does not require an attorney. Then it may be time to file a Petition, the type of which may depend on the estimated value of the estate. There are many occasions where that value is initially unknown, which we also know how to handle from years of experience in probate. You do not need to have the Death Certificate in your physical possession before you file a Petition, but the sooner you get started on obtaining it, the easier the process will be.
How Long Does It Take?
Probate can sometimes be a slow process, but the local Courts have made some changes that can help our attorneys expedite matters for our clients. In general, the more amicable the parties involved, the faster our office can move a matter along. However, we understand that sometimes there is a fundamental disagreement, and we must provide litigation support to our clients; we’re ready for that too. What is important to us is that our clients are provided with a realistic range of expectations (which includes time), and that our clients know our strategy so they can provide us with the most relevant information to help their cause. The best way to avoid unnecessary delay is by always being prepared in advance for the next step in the process. Some matters are resolved in only a few weeks, whereas others can take years. Onello Law Group will give you a realistic expectation of time right out-the-gate.
How Much Does Probate Cost?
The cost of probate and administration, like anything else, is proportional to the work involved. This is often associated with and proportional to the value and complexity of Decedent’s estate. Generally speaking, lesser-valued estates will follow a more streamlined process in administration, whereas the opposite can also be true of higher-valued estates. Probate laws are (in part) designed so that lower-valued estates are not depleted simply for the sake of their administration, which allows our clients to walk away with much of the property that was intended for them by the Decedent. Our office has years of experience in all value ranges of estates.
How Am I Going to Afford This?
Our office makes payment arrangements based upon the unique circumstances of each case; you pay for the work you need, and we charge a competitive hourly rate. However, there are also times where a client’s anticipated inheritance is all they have, and they cannot afford to pay the attorney until after they receive their disbursement. Onello Law Group offers arrangements for this type of situation too. There are occasions when probate attorneys will accept cases on a continency basis. Our office would consider such an arrangement in unique cases, so long as the arrangement is allowed within the rules governing attorney fees. Book a free consultation and talk to one of our attorneys and we can figure out the right arrangement for you.