Losing a loved one is difficult. Grieving with your loss while trying to navigate the probate process alone is more than most people can cope with. As a result, most people hire an attorney to help them complete a probate. Probate is the name given to the process of collecting and managing the assets; debts or taxes; and distributions of property of a person who has died. Once you found an attorney to help you through the probate process, there are 5 things you can do to prepare for your first meeting.
First, order and receive eight to ten (8-10) certified copies of the death certificate. Death certificates are used in planning and carrying out the probate process in many ways from providing a copy to the Court to forwarding copies to account holders and life insurance providers. If possible, bring at least one certified copy of the death certificate to your first meeting with your probate attorney.
Second, determine if there is an existing written Will, or written Estate Plan. Finding the original documents and providing these documents to your probate attorney will help in the determination of whether probate is required or not. For instance, if there is a trust, probate might not be necessary. If probate is necessary, many states require that the original will be filed with the Court during the probate process. Locating and bringing this to your probate attorney will avoid delays.