The death of a loved one is an emotionally trying time. But for those who are also left responsible for handling the affairs of the decedent, an additional layer of stress and complexity is added.
If you find yourself faced with this responsibility, consulting with a probate attorney is the first step in settling these important matters. And if this is your first probate consultation, you’re likely wondering what to bring to your first meeting with a probate attorney.
At Hays Firm, we’ve been a trusted provider of probate, estate and trust legal services, guiding our clients in the Chicago area through these processes with our core values of excellence, service, respect, honesty and integrity.
Today, we’ll break down the probate process, and help you prepare by uncovering the essential items to bring to your first meeting with a probate attorney.
Understanding the Probate Process
Probate is the legal process of validating and settling the decedent’s will, or if there is no will, distributing their assets according to state law. A court supervises this process, validating the will’s legitimacy, if one exists, and handles any challenges to its validity. Probate also oversees the collection of assets, payment of debts, and distribution of remaining assets to heirs or beneficiaries.
The person who leaves behind a will is known as a testator. Their will is considered their last testament, and describes how assets such as bank accounts, real estate, and financial investments are to be distributed after their death.
The will typically names an executor, who becomes the person responsible for initiating the probate process. If no will is left, the court may appoint an administrator. Both the executor and administrator are usually family members, but they do not have to be.
The executor must file the will to begin probate. As part of the probate process, the executor is responsible for collecting the decedent’s assets and paying any outstanding debts or taxes. The executor must then distribute the remaining assets according to the wishes of the testator.
However, not every decedent leaves behind a will. In these cases, the decedent has died intestate.
In cases where no will is left behind, the probate process will distribute their remaining assets according to state law after all debts and taxes have been paid.
While utilizing a probate attorney is not a legal requirement, it is a legal process. And that process takes time and commitment. A typical probate case can take anywhere from 6 months to a year or more, depending on the complexity of the estate.
Many executors simply do not have the time to commit to the probate process, and thus, choose to enlist the help of a probate attorney to streamline the process.
However, beyond the time commitment, probate also brings many legal complexities.
By trying to navigate probate on your own, you risk legal mistakes that can be costly, leading to delays, financial penalties, and even personal liability for the executor or administrator.
If you’ve been named as the executor of an estate or appointed as an administrator, it’s worth considering a probate legal consultation to see how best a probate attorney can help you navigate the process.
What to Bring to Your First Meeting With a Probate Attorney
If you’ve decided to set up a probate attorney consultation, arriving prepared is essential. So what should you bring to your first meeting with a probate attorney?
While each situation is unique, Hays Firm suggests bringing these specific documents and items:
1. The Death Certificate
We recommend bringing the certified original short form death certificate, which does not list the cause of death. This can be obtained from the local vital records office of the state where the death occurred, from the county clerk, or possibly from the funeral home. If you cannot obtain this document, an obituary may suffice for your initial attorney meeting, but the original will be required by the courts and other institutions involved.
2. Estate Planning Documents
If a last will and testament exists, bringing the original documents, along with any codicils (amendments), is crucial to your first probate lawyer consultation. The court will require the original documents to admit the case to probate court. If only a copy can be found, this will complicate matters, and the court may presume that a lost original has been intentionally revoked. This can open the case up to challenges. If the will has been amended, bringing the updated codicils is necessary.
If the decedent created a trust rather than a will, the original trust agreement and any amendments must be brought.
If no will was left, be sure to mention this during the initial probate lawyer consultation or attorney meeting. You may need to bring in other documents such as birth, marriage or divorce certificates.
3. The Estate’s Assets
As probate consultation is focused on how the estates assets will be distributed, it is essential to bring the most comprehensive list possible to your attorney meeting. This includes real estate and property deeds, bank accounts, life insurance policies, business ownership documents, vehicles, stocks and investments. Even valuable items, such as artworks, should be included. Here, copies of these documents may be acceptable for an initial probate consultation, though the probate attorney will need certified copies of these documents later in the process in order to transfer ownership to the beneficiaries.
4. The Estate’s Debts
Before the assets can be distributed to the beneficiaries, the estate’s debts must first be settled. This is one of the primary focuses of the probate process. Mortgages, auto loans, credit card balances, personal loans, medical bills all must be accounted for and settled during probate. If the decedent has unpaid tax obligations, those must be settled as well.
Showing up prepared with this information will go a long way in ensuring a smooth first probate consultation.
What Will Be Discussed in Your Probate Legal Consultation?
Now that you’ve prepared the documents you’ll need, what can you expect to be discussed in your first probate legal consultation?
Your initial probate lawyer consultation will largely function as a “getting to know you” session. During the probate consultation, the probate lawyer will give you an overview of how the probate process works and what to expect.
They’ll also likely want to address specific topics including:
- General Family Information – The probate attorney will likely ask you general information about the decedent’s extended family and quality of relationships. This is done to gauge the potential for disputes or challenges to the will.
- Executor Information – They’ll want to know about you as the executor, your relationship to the decedent, and your willingness to serve in the role throughout the probate process.
- Decedent’s History – During the probate consultation the probate lawyer will want to understand the decedent’s history, including their employment history, prior bankruptcies and lawsuits, and any health issues that may be related to their death.
- Potential for Challenges to the Will – During the initial probate legal consultation, your attorney will uncover the likelihood of challenges to the will. They’ll want to know if any family members are likely to contest the will, particularly when significant assets are at play.
- Questions You May Have – Lastly, your probate attorney will ask if you have any specific questions. This is your chance to address any concerns you may have, and ensure that you have a firm understanding of the process and the expectations for you as an executor.
Tips for Ensuring a Successful Probate Attorney Consultation
You’re almost ready for your first probate attorney consultation. Before you head to your attorney meeting, these final tips will help set you up for success.
- Bring Original Documents – As mentioned earlier, original copies of the certified death certificate and last will and testament (if one exists) are essential. For other financial documents, copies may be acceptable for your first visit.
- Organize Your Documents – You’ll also want to make sure these documents are well organized, typically in a binder or folder that allows the probate attorney to easily move through them.
- Take Notes – Probate is a long process. You’ll want to take notes during your initial meeting that you can refer back to in the future. This will help you set expectations and stay informed throughout the process.
- Be Prepared with Your Own Questions – The goal of an attorney meeting is to simplify the probate process for you, the executor. Coming prepared with any questions you have about the process will help you maximize your time.
- Be Honest and Thorough – If you feel there is any potential for disputes and challenges of the decedent’s will, or if there is no will at all, be upfront and honest with your probate lawyer. They need as much detail as possible to prepare for challenges, and ensure that the decedent’s assets are distributed according to their final will and testament.
By following these tips, you’ll set yourself up for a successful probate consultation, and get the process started on the right foot.
Hays Firm: Compassionate Probate Attorneys Serving the Chicago Area
In addition to the emotional toll of a loved one’s passing, serving as the executor of their estate brings a host of additional challenges. It takes time, commitment, and a sense of the legal requirements to successfully navigate the probate process.
If you’ve been named the executor of an estate, enlisting the help of a probate attorney is a wise move. When you decide to move forward with an attorney meeting, preparing ahead of time is key.
Remember what to bring to your first meeting with a probate attorney:
- Original certified death certificate
- Original last will and testament, if one exists
- A comprehensive list of the decedent’s assets (copies of these documents are acceptable for an initial probate attorney consultation)
- A list of the estate’s debts and financial obligations
Don’t forget to also bring a list of your own questions, and be prepared to answer personal questions about the decedent’s family relationships.
If you are looking to set up a probate attorney consultation in the Chicago area, consider Hays Firm.
For nearly 20 years, we have served the greater Chicago area with high value legal counsel involving probate, trust, and estate matters. We offer compassionate and comprehensive legal guidance to our clients in these sensitive and emotional matters.
Contact Hays Firm today for an initial probate attorney consultation, and let us be your guide through the probate process.
**Disclaimer**
This content of this blog is for general informational purposes only, and does not constitute legal advice. Please consult with a qualified attorney or lawyer for advice specific to your situation.
