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There are several different types of cases that can be filed with the Probate Court. Which case your file depends on the length of time to close a case. With most cases there are required forms that need to be filed with the court when filing a case. Just gathering the necessary paperwork, filing out the proper forms, and having the proper beneficiaries served with notice or whether they waive service.
Once you’re ready to file with Probate Court it can take anywhere from four months to several years. The more complex the case, the more time it takes for the case to close.
Since there are different types of probate cases, the cost vary. The simpler cases are lower while the more complex cases are higher. Regardless of the type of case you need to file, there is a filing fee before your case can be accepted by the court.
Attorney’s fees also vary depending on the type of case. These fees vary depending on the Attorney. In the more complex cases some attorneys charge a percentage of the assets from the case and on the simpler case some Attorneys charge hourly.
The Probate Court issues orders that transfers assets to the beneficiary. When a love one dies and does not have a proper estate planning in place nor, properly stores their documents for their love ones to have access to them, love ones must filed a case with the probate court.
The probate court issues orders or letters of authority, for complex cases. This order helps the executor transfer assets to the beneficiaries.
The best way to avoid probate court is to have a proper estate planning in place and securing those documents. Estate Planning is a legal plan that you put in place to ensure your assets transfer to the beneficiaries upon your passing.
There are many estate planning tools that can be put in place, some clients have a living trust or just a simple will. The estate planning documents necessary for a client depends on the clients situation.
Another issue that my office has come a crossed is that a lot of clients do not secure their legal documents. When loved ones cannot access important estate planning and other important legal documents they will need to file a case with the Probate Court and abide by the inheritance laws.
We offer an additional service to secured clients legal documents. At Attorneys Vault they can your documents in a military grade security system. This is an online system where the document makers or beneficiaries can have access to documents at any time. Beneficiaries cannot change the documents, they can have access to them at the document maker’s options.
This depends on what type of case you will need to file with the Court. No matter what type of case you need to file, there is a series of forms that need to be filed out and there is also additional information that will need to be submitted, for example, the funeral bill or death certificate.
After the forms are filed with the Court there may be other forms or information that the Court will need. This will depend on the type of case you file with the court.
Probate court is not necessary when there is a properly drafted estate planning and those documents are secured and beneficiaries can have access to them.
Estate Planning includes powers of attorney forms. These forms give your agent the authority to manage your assets, debts and health care matters for you. These are living documents and once the document maker passes away we then look to other estate planning documents such as your Last Will and Testament or Trust.
Our office offers a wide range of estate planning tools for our clients. We also offer the additional Attorneys Vault security service to ensure our clients’ goals are met.