SCHEDULE A FREE CONSULTATION
During your initial consultation, we will spend necessary time to analyze your case, let you know what administration it qualifies for, and give an estimate of how much costs to expect.
COLLECT PAPERWORK
Once this is done, you can scan and email related and requested information to us. From there, we will prepare your probate petition for your review and file it with the appropriate local court.
RECEIVE COURT APPROVAL
Once approved, an order will be issued and assets will immediately be distributed to beneficiaries and creditors. Note that formal administration cases involve additional steps.
Lowe & Ball Attorneys at Law is an elder law and estate planning attorneys helping seniors and families deal with the legal challenges we face as we age. Our probate attorneys, in particular, provide legal assistance with Medicaid planning for long-term nursing home care, wills and trusts, trust administration, tax planning, and durable powers of attorney, among others.
Whether you are planning in advance or facing an immediate crisis, we can aid in planning a legal solution to protect you, your family and your assets. Family members are always welcome in getting involved in the process so that you are always informed.
Types of Probate Administration
Formal Administration
The standard method of administering an estate. So long as the court has jurisdiction, most probate cases can be commenced with this type of administration. This type of administration typically takes longer, but may still be an appropriate choice in some instances. An attorney can help decide which type of administration is appropriate in your particular situation.
Summary Administration
A type of "express" version of probate designed to quickly resolve estates of decedents (those who have passed) that qualify. To be eligible for this type of administration, the estate must meet certain minimum requirements, such as the decedent's will does not require formal administration under state law and the value of the estate does not exceed $100,000.
Disposition of Personal Property Without Administration
Sometimes referred to as a "Small Estate Proceeding", this is the most express method of probating an estate with strict requirements. In this type of probate, if the person who passes leaves only personal property which are exempt under certain provisions, property exempt from the claims of creditors, and nonexempt personal property the value of which does not exceed the amount of preferred funeral expenses.
Ancillary Administration
This is the process of extending the probate of a nonresident that has unresolved issues in the state that must be probated. These include leaving assets, (i.e. real estate) in the state and having credits due from residents in the state. Some factors to consider before filing include the value of assets in the state, the qualification of the personal representatives, and the status of foreign probates outside of state.
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Flexible Payment Plans Available.
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Why Probate an Estate?
Potential Loss of Assets
If there is a mortgage on property or liens on other assets that have outstanding debt, the estate will default on the debt and lose the assets.
Avoid Major Creditors
Another concern is that a major creditor initiates probate instead. Creditors with an interest in the estate have a right to petition the estate for probate.
Another Beneficiary Initates First
If you are named as an executor in a will, or if you are the next of kin of someone who has died, you may be responsible for handling probate unless another beneficiary beats you to it.