Legal Help When Buying and Selling Property

Probate Process Assistance: Expediting Your Claim

13 December 2022 by Louise Boyd

If you're negotiating the probate process for the first time, it can feel daunting and overwhelming. Fortunately, a probate process assistance team can guide you through the process.

Here are just a few of the ways that a probate process expert can help you find a quicker resolution to your legal case.

Expediting Your Filing

The gears of the legal system can grind at a painfully slow pace. This is particularly true when it comes to the probate process.

Before You File

Every time there's an issue with a probate case, letters must be written and notices served, which can take weeks. Thus, before you attempt to file a probate case you should gather all the documents you will need to satisfy the stipulations of the probate case. For most probate cases, this boils down to substantiating your legal claim to estate assets and property. A probate process attorney will normally start by giving you a list of documents to gather. This can include copies of the will, correspondences with the estate, tax records, and other documents that can prove your legal right to the estate.

When You File

Most states require lawyers to file probate claims. When you work with a probate process lawyer to file your claim, it's critical that your documents are organized and speak directly to the potential issue with your claim. This often means indexing the documents, with additional descriptions of the evidence provided by each document. Indexing your list of documents can also help your probate lawyer troubleshoot any potential probate issues that might cause delays. The goal when you file is to avoid future litigation, which can take months to resolve and cost you more in legal fees.

Finalizing Your Filing

Even after you've started the probate process, you still might need to take additional steps to seize control of the assets and/or property.

Closing Out Creditors

The probate process can get snagged once creditors file claims on the estate. A probate process attorney can proactively take steps to deal with the estate's potential creditors. In many cases, looking through tax records can yield most of the information your probate lawyer needs to locate and assess the credit still owed by an estate.

Accounting

One of the final steps of the probate process involves accounting for the assets and/or property allocated by a claim. Depending on your state and the type of estate asset awarded by your claim, you might have to pay taxes. Your probate process attorney can help you take these steps to stave off potential tax issues later.

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