PROBATE

PROBATE

Helping You Settle Your Family Estates

After a loved one passes away, you or your family members will likely be left to resolve their estate. Your loved one’s estate can have many documents, including trusts, powers of attorney, and wills. If your loved one left a will, it is likely subject to the probate process, where the validity of the will is examined before assets and property are distributed to beneficiaries. The probate process can also settle disputes about the will between family members if they arise. Unfortunately, the probate process can become complicated, leading to a prolonged experience for you and your family.

Hiring a probate attorney is essential if you are dealing with estate matters or the probate process. At Legacy Law Partners, PLLC, our team of experienced probate lawyers can walk you through the entire process to expedite probate and resolve disputes. We can also identify potential pitfalls to help avoid delays and get the assets you deserve. For a free consultation and to learn more about our law firm, call today at (203) 446-4725.

What is the Probate Process?

The probate process is slightly different in every state, although it generally follows the same timeline. In Connecticut, the process can vary slightly depending on your unique circumstances but is typically similar to the process in other states.

The probate process typically follows these steps:

  • Gathering information and essential documents, like your loved one’s last will and testament, bank statements, and trust documents.
  • Filing legal documents to the court to become the executor of the state. In most cases, the executor is named in the will.
  • Notifying organizations of your role as an executor or trustee. You must inform the estate’s beneficiaries, the Internal Revenue Service, and the Social Security Administration. If the estate has any creditors, they must be notified as well.
  • Taking inventory of the assets within the estate to assign value to them.
  • Paying creditors and taxes before assets can be distributed.
  • Distributing assets to named beneficiaries. Typically, these beneficiaries are named in the will.
  • Closing the estate with a petition to the court.
  • Paying estate income taxes
  • Paying inheritance taxes
  • Resolving probate litigation matters
  • Assisting the estate administration
  • Identifying estate assets
  • Managing the estate’s checking account
  • Distributing living trusts
  • Preparing and filing court documents
  • Collecting life insurance policy proceeds
  • Ordering property appraisals for real estate closings
  • Making final asset distributions
  • Settling disputes between family members
If your loved one did not include an executor in the will, then the state of Connecticut will be named the executor. Similarly, if your loved one dies without a will, the state will divide their assets as they see fit. Whether you are the executor of the estate or a concerned family member, a Connecticut probate attorney on our team can assist you. Call our office today for more information.

How Long Does the Probate Process Take?

Unfortunately, the probate process can often take months or even years to resolve. In Connecticut, the average timeline for the complete probate process is six to 12 months. However, this timeline can vary depending on the estate you are working on. Filing paperwork incorrectly or missing crucial steps can delay the probate process and take much longer. The legal professionals on our team can help you finish the probate process promptly as you navigate the complex world of probate law.

What Does a Probate Lawyer Do?

While probate attorneys can help in many ways, they are mainly there to help settle your loved one’s estate and assist the executor. The probate lawyers on our team can also resolve disputes between beneficiaries and ensure that all assets are distributed according to the will.

What Does a Personal Representative Do?

An executor of the estate is also known as a personal representative, and they have several duties to fulfill before closing the estate. If you are a personal representative, it is essential to understand your responsibilities when dealing with an estate plan. You will be given “letters of testamentary” or “letters of administration,” giving you the authority to handle the decedent’s assets.
  • Pay any debts or claims against the estate
  • File taxes on behalf of the deceased
  • Inventory the assets within the estate
  • Sell assets if needed to cover any debts or claims
  • Provide notice of the estate to all beneficiaries and creditors
  • Open a bank account to pay debts, funeral costs, liens, and bills
  • Distribute assets according to the will
  • File all documents to the court
  • Show a final statement of transactions to a judge
Because of the legal work involved in being a personal representative, many executors of an estate become overwhelmed with their duties. Unfortunately, delaying any of these steps can prolong the probate process and distribution of assets. Our team of probate attorneys is here to assist you in the New Haven area if you are the executor of an estate.

Should I Hire a Probate Lawyer?

Distributing assets from a loved one’s estate plan can add stress to an already difficult period of your life. Resolving estate plans can take a lot of time, from settling family disputes to submitting documents to the court. At Legacy Law Partners, PLLC, we represent clients who wish to speed up the probate process and resolve probate matters effectively. If you are going through probate, call our office today at (203) 446-4725 for more information.