Probate Law
Navigating Probate With Care and Clarity
The passing of a loved one is never easy, and having to navigate complex legal processes can add further challenges. If you are faced with handling probate, you need caring advocates on your side. At Shillinger Law, our probate attorneys provide compassionate guidance and clarity for families during this difficult time.
Guiding You Through Probate with Care
We handle required court filings and procedures, appraise assets, settle outstanding debts, and ensure the proper distribution of property to heirs. With in-depth probate expertise and a dedication to personalized service, we aim to make this process as smooth and stress-free as possible while acting as your trusted advisor and ally. Let us shoulder the legal burden so you can fully grieve your loss and honor your loved one's legacy.
Probate Law Services
Probate Administration
Managing the process of proving a will's validity in court and administering the estate's distribution according to the will or state laws.
Intestate Succession
Handling estates where the decedent did not leave a will, following state laws to distribute assets.
Will Contests
Representing clients in disputes over the validity of a will or its provisions.
Estate Litigation
Handling disputes that arise during the administration of an estate, including claims against the estate.
Creditor Claims Management
Assisting in the notification of creditors and settling valid debts of the estate.
Asset Distribution
Overseeing the distribution of estate assets to beneficiaries according to the will or state law.
What To Expect
If you need assistance handling a loved one's probate, we're here to help guide you through the process. We'll review the will and estate details, then file a petition with the court on your behalf. As your legal advocate, we'll appraise assets, settle any outstanding debts, and distribute property to heirs, completing the probate in 9-12 months on average. We know this can be a challenging time, so our attorneys provide caring counsel and timely updates to help ease the burden.
Frequently Asked Questions
On average, the probate process takes between 9-12 months to complete. More complex estates can sometimes take even longer. The court process adds time compared to simply transferring assets privately via a trust.
In addition to court fees, probate costs include attorney fees, executor fees, appraiser fees, and more. Total probate costs often range from 4-7% of the gross estate value.
Probate involves inventorying the estate's assets, paying any outstanding debts and taxes, petitioning the court for validation, and finally distributing the remaining property to the rightful heirs.
Probate is required if assets are solely owned or have no designated beneficiary. It's triggered when the value of these probate assets exceeds your state's small estate limit.
Strategies to avoid probate include using will substitutes like living trusts, adding transfer on death provisions to bank accounts/real estate, and keeping assets in joint tenancy.
With no will, your heirs will be determined solely by your state's intestacy laws, which may distribute your property differently than you would have wished.
Valid creditor claims are paid and taxes are settled before the remaining estate assets are distributed to heirs through the probate process.
Why Our Clients Love Shillinger Law . . .
"Löan not only knows her onions with regard to the law but she was very sympathetic and listened to me. It's pretty lovely when somebody listens and makes sure that what I wanted, I got. She is a wonderful lawyer, a wonderful human being, and you will be in the very best hands when you work with her."
"My sister and I bought a house together, but when she passed away, I found out that the deeds were not set up as we had intended. I came to Löan and thank goodness I did. She helped me navigate through the process of contacting my sister's estranged children of over 20 years and settled the estate through probate.”
"Löan has helped me put together my will, trust, and advance medical directive in order to be prepared and have peace of mind going into my major surgery. She made the process both educational and easy, and we even had a laugh or two along the way, which means a lot at this point in time. Thank you very much for that."