Springdale Probate Attorney Answers Probate Frequently Asked Questions
We are here to help make this process as easy and simple as possible during your difficult time.
It is our goal to give you peace of mind and a better quality of life.
Probate is a complex process that a lawyer with probate experience can make go much easier and faster while working with dignity and compassion on your behalf.
To probate a will or need a probate attorney, Connect with me today at (479)717-6300.
Why go through a probate at all?
This is not at all a simple answer. First, it is a time honored tradition, a ceremony of passing your goods and value to the next generation. Second, if real estate (real property) is involved, then the legal reason is to make the “chain of title” complete. This means that you can look back in history and know how the property passed from person to person. Third, it gives an uninterested third party (the judge) the ability to make decisions that the family cannot agree on.
Why choose the DeWitt Law Firm, PLLC for your probate attorney?
I started this firm, instead of going to work for somebody else because:
- I’ve watched my family go through the probate process 3 times in my life. My grandfather’s, grandmother’s, and father’s. I’ve been through the process and can compassionately guide your through this confusing and complex process.
- I want to help you in this difficult time, with compassion and dignity.
- I didn’t want to cut corners or be worked 80 hours a week as a new attorney in a firm. I made the decision that work and family life have to be balanced.
- I am here for you, to act as your advocate
- I want to help you avoid probate later with proper estate planning.
- I want to be your local voice, your local advocate, and your local Northwest Arkansas probate, estate planning, and elder law attorney.
- I don’t want you to just come in one time. I want to get to know each and every person that comes in my office. I want to be able to form a lasting professional relationship with everybody that I serve.
Enough about me and my practice, on to the questions you were probably looking for.
What does probate mean?
What Is a Probate?
What is the definition of Probate?
What is probate of a will?
The meaning of probate, or the probate definition, is to admit the will to the courts, the court approves the will, proper advertisements are ran, creditors are paid off, all the stuff is gathered up into the “probate estate”, the stuff is distributed to the heirs, then the probate is closed. We probate to make sure there is an orderly passing of stuff and that the “chain of title” for real estate is complete.
How long does probate take?
A short probate is probably going to take 6 to 8 months. The probate process can stretch out for years if there is adversity and contention among the heirs.
How much does probate cost?
The cost of probate in Arkansas of a will is set by statute. They will run around 3 to 4% of the estate’s value and are set by statute unless otherwise contracted. This does not include filing fees or advertising costs.
Why probate a will?
Probating a will serves several purposes:
- It maintains the “chain of title” of real estate in probate (i.e. a house in probate)
- The probate filing helps make sure there is an orderly passing of goods and real estate from the deceased to their heirs
- Probate records are public, so there can be public oversight of the process. But this is also a downfall in that your business becomes public
- A probated will gives you some assurances that everything is titled correctly and that “chain of title” is proper so that future sales are orderly
- When you probate the will you get a final closure that everything was done correctly
- You have a judge’s order and authority behind you
- A combination of last will and probate is a time honored tradition
When is probate required?
It is required just about anytime somebody passes and leaves anything behind that did not pass through a trust, beneficiary deed, or payable on death transfer. Especially if the person passed owning any real estate. Or you just need access to their accounts and apartment.
What does a probate attorney do and what is a probate lawyer?
Arkansas probate attorneys help guide you through the process of probate. Your probate lawyer may or may not litigate any issues that arise during probate. The probate lawyer may have a litigation attorney that they work with. A probate law firm will have at least one probate lawyer, or multiple probate lawyers that practices in probates. One of the major duties of the probate lawyer is to make sure that everything is checked off on the probate checklist.
Do all attorney’s provide probate services? Do all lawyers probate wills?
Short answer, no. Just like the people they are, attorneys like to do different things and work in different areas of law.
What are the duties of the executor of a will?
Sometimes people call the executor the administrator of a will. Technically it is executor if there is a will and a personal representative of estate if there is not a will and testament. The duties of executor of a will may vary greatly depending on the will and the complexity of the will. The basic duties of executor of will are to gather up and take possession of all the property, money, and personal stuff of the person, account for it, and distribute it to the heirs. Furthermore, the executor of an estate may have to open a checking account and pay off all the creditors of the estate. For this work, the executor gets a fee. The executor of estate fees will vary, but are set by default in the statutes of Arkansas. Finally, the executor of the will may have to post a bond in order to serve, especially if the estate is worth a lot of money. As you can see the executor of will duties are varied and very important to the process.
What is a probate estate? What is probate property?
The probate estate definition is all of the stuff the the person owned when they passed that did not pass through a trust or other mechanism that avoids probate. Probate property is the same, the stuff somebody owned with they passed that has to go through the will.
How to avoid probate?
Avoiding probate comes down to 2 things:
- Don’t own anything
- Make sure that everything you own is setup to pass through a trust or other mechanism that avoids it
How does probate work?
How to probate a will?
How to probate an estate?
What happens in probate?
And, what is the probate process?
First, you have to find the will… Or if you can’t find the will, a parallel process to probate called intestate succession can be opened. First the petition for probate is filed and the will is admitted to the court (or not if intestate, that is without a will). The judge will approve and the rest of the process is for the executor of the estate to gather up the stuff, account for the stuff, and distribute the stuff to all the heirs or hold it in trust for the heirs. These are just a few of the duties of an estate executor. Depending on the process, there could be more duties to fulfill.
What is estate administration or probate administration?
Estate administration is getting all the property and assets of the person, paying off the creditors, and giving the remaining stuff of the estate in probate to the heirs.
What happens when a person dies without a will?
The process for probate with no will is about the same. The distribution of stuff is handled by statute in Arkansas. Basically, the state has written a will for you if you don’t write your own will.
What is probate law?
Probate law is the statutes and court decisions that help guide the process. Or, if somebody passes without a will, the statutes stand in place of the will and tell us how to distribute the property.
How do you find a will after somebody dies?
Not trying to sound trite, but you look high and low for it. If the person had a lock box, that would be a good place to start. However, you may end up needing a court order to get into the box if your name is not on the card.
To probate a will or need a probate attorney, Connect with me today at (479)717-6300.