Probate is the court procedure through which upon your death your Will is admitted, a personal representative is appointed, and your estate is administered. Probate can take anywhere from 6 to 18 months, depending on the complexity of the issues within the estate.
Many people are surprised to learn that the goal of the probate process is actually to allow for anyone with an interest in the outcome of the estate to voice their concern. Any interested party may challenge: (1) the decisions made in the Will (2) the court’s interpretation of the Will or (3) the choice of the personal representative of the Will.
Many times attorneys are hired to represent the personal representative of the estate, or to act as the personal representative of the estate. Both of these services are within our areas of practice.
When a family member or loved one dies, dealing with the assets and bills can be overwhelming while you are grieving and planning a funeral. In most cases, regardless of whether the deceased had a Will, the administration of the estate can be done informally. As the word “informally” suggests, the process is less complicated than the formal Probate and involves little or no court time. Regardless of whether the decedent dies with a Will, a Trust, or intestate (without a Will) the Law Office of Jane L. Walker can help you through the process.
Estates using Will-based plans, as well as estates that pass without any planning go through Probate. We can help with:
- Affidavits of Transfer for estates under $50,000.00
- Administering Estates in Informal Probate or Formal.
- Administering Estates with or without a Will.
- Administering Estates that are contested or uncontested.
There are costs involved in the Probate process. The estate usually bears the cost of filing fees, personal representative fees, and attorney fees.
To avoid Probate many people choose Trust-based plans.
“I had the pleasure of working with the compassionate professionals at the Law Office of Jane L. Walker to settle my nephew’s estate. Jane Walker and her team guided me through a complicated process requiring a series of documents, procedures and filings. The entire experience, which otherwise may have been very stressful, flowed smoothly with little or no anxiety. Everyone should do estate planning. I recommend seeing Jane L. Walker.”
“When my brother and only sibling passed away, I lived 1100 miles away. He did not leave a will and it was up to me as his only next of kin to dispose of his physical and financial possessions. I started calling lawyers recommended to me by friends in the Milwaukee/Waukesha area and never received a call back. I imagine my brother’s estate was too small for them to bother with. I went online and saw an ad for the Law Office of Jane L. Walker which was only a short distance from my daughter’s home. I called and talked with the receptionist who passed my information on to the paralegal. Arrangements were made for an appointment when I was flying in for my brother’s memorial service, and all the necessary paperwork was waiting for me when I arrived, so I could sell his truck, close his bank account and take care of the financial obligations he incurred before his death. It was a flawless experience and well organized by Ms. Walker’s staff. Not knowing where to turn legally turned out to be a job made much easier with their professional expertise.
Thank you to Ms. Walker and her staff for making a difficult situation for me an easy transition. Your help was greatly appreciated and if I have to move back to the area in the future, your team will certainly be number 1 on my list if I need legal help.”
The Law Office of Jane L. Walker not only provided legal services for the Estate, but also reviewed the real estate agreements associated with the house sale. This proved to be invaluable in getting the Estate settled and closed. Thanks, Jane Walker (and your associates)!
– Les 10/13/2015