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Founded in 2007
14 people in their team
English
Private Client Probate Elder Abuse Law +6 more
Konstantinos Darivas & Associates | Trusted Law Firm in Athens, GreeceKonstantinos Darivas & Associates is a dynamic Athens-based law firm delivering high-level legal services across a wide spectrum of practice areas. With decades of experience and a proven reputation in both Greek and...

Founded in 2003
25 people in their team
French
English
Private Client Probate Estate Planning +6 more
Expert Legal, Tax & Intellectual Property  in DRC | BPV Legal Tax & IP Law About UsBPV Legal Tax & IP Law Firm, founded by Pierre Vincent Bissouekeme, is a premier legal consultancy and business advisory firm located in Kinshasa, Democratic Republic of Congo (DRC). With over...
Recososa Law Firm

Recososa Law Firm

15 minutes Free Consultation
Lapu-Lapu City, Philippines

Founded in 2020
11 people in their team
English
Tagalog
Private Client Probate Elder Abuse Law +6 more
All Specialization Law Firm & Notary Public located at the heart of Cebu City In IT Park Lahug. From Commercial Law, Labor Law, Immigration Law, Criminal Law such as Estafa, Cybercrime like Cyberlibel, Defamation, Fraud, Criminal Prosecution, Civil Law, Land Dispute, Land Registration,...
Mifsud & Mifsud Advocates
Valletta, Malta

Founded in 2007
8 people in their team
Maltese
English
Private Client Probate Estate Planning +4 more
Mifsud & Mifsud Advocates is a business law firm, which has competencies in civil and commercial litigation, IP law, property law, immigration law, family law and shipping and maritime law. We also offer corporate services services for our corporate clients. The Firm is also part owner of a...
Asma Lawyers In Pakistan
Jaranwala, Pakistan

Founded in 2003
9 people in their team
English
Urdu
Panjabi
Private Client Probate Guardianship +6 more
Legal Services OfferedFamily & Personal LawFamily Matters: Court marriage, divorce (including Christian, Shia, Sunni divorces), custody of children, khula, dower, dowry, maintenance, protection for women against harassment and domestic violence, and forced marriage.Legal Certificates:...
OLM Law Advocates LLP

OLM Law Advocates LLP

15 minutes Free Consultation
Nairobi, Kenya

Founded in 2021
10 people in their team
English
Private Client Probate Will & Testament +5 more
Who We Are:OLM Law Advocates LLP is a leading full-service law firm in Kenya, recognized for delivering exceptional legal services tailored to diverse clients. Our clientele includes individuals, dynamic corporations, esteemed financial institutions, governmental, and non-governmental...
Lafs Legal

Lafs Legal

30 minutes Free Consultation
Bangkok, Thailand

Founded in 2022
10 people in their team
Thai
English
Russian
Private Client Probate Estate Planning +4 more
About Us: LAFS Legal, situated in the heart of Bangkok, stands as a distinguished boutique law firm that epitomizes dedication and precision. We are unwavering in our commitment to offer meticulously crafted, efficient, and competitively priced legal solutions tailored specifically to the...
Mwale Law Advocates LLP
Nairobi, Kenya

Founded in 2013
7 people in their team
English
French
Swahili
Kikuyu
Private Client Probate Elder Abuse Law +5 more
About UsMwale & Co. Advocates is a hallmark of legal distinction in Kenya. With a rich heritage in offering specialized services in numerous legal realms including Corporate and Commercial Law, Banking Law, Capital Markets Law, Intellectual Property Law, Telecommunications Law, Internet and...
Law Office of Charles and Associates
Basseterre, St Kitts and Nevis

Founded in 2012
6 people in their team
English
Private Client Probate Elder Abuse Law +4 more
Charles & Associates is a full-service law firm that has offices in Valsayn, Trinidad and Tobago as well as Basseterre, St. Kitts and Nevis. Practice areas include divorce and custody, access, company searches, litigation, corporate secretarial and governance, mortgages and conveyancing,...
The Law Society Co.Ltd.
Phuket, Thailand

Founded in 2006
22 people in their team
German
Russian
Japanese
Korean
English
French
Private Client Probate Estate Planning +6 more
About UsAt The Law Society Co.Ltd., we are more than just a law firm - we are your steadfast partners in navigating the complex realm of legalities. With a solid foundation of over 15 years serving our valued clients and the larger community, we have fostered an unwavering reputation built on...
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Probate Legal Questions answered by Lawyers

Browse our 7 legal questions about Probate and the lawyer answers, or ask your own questions for free.

Partition of property
Will & Testament Family Probate
Class 2 heir (Father) is not listed as a family member in the sale agreement of the property due to his absence during the registration in the past. During partition, will he be eligible to receive his share of the property jointly owned by class 1 - wife (deceased), 3... Read more →
Lawyer answer by Remedium Reel Attorneys

If there's no Will, then survivors are to appoint 2 or 3 person's to obtain letter of administration at the Probate Registry which would give them the power to be able to administer the property in line with the wishes...

Read full answer
1 answer
Caveat to protect financial interests
Probate
5 yrs care for mother. Made a claim, emailed to the administrator, 3 months after probate was granted. Advised to refrain from distributing any assets until the claim and potential abuse are resolved. Discovered abuse of the EPA. Evidence. Bank statements affidavit. No correspondence, just promises to engage. Stalled communication,... Read more →
Lawyer answer by Recososa Law Firm

Hello: From what you shared, you rendered care for your mother for five years and made a claim against the estate after probate was granted. You also raised issues on possible abuse of the Enduring Power of Attorney, backed up...

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1 answer
Inherited land
Estate Planning Probate Elder Law Will & Testament
My elder brother sold our late father's land without telling me. We are the only two surviving sons.We live in our father's compound. He is married with two kids. I'm not married. Should I arrest him or the buyer? how do I get justice
Lawyer answer by Recososa Law Firm

Hello: In a situation like yours, under Philippine law, the land left behind by your father forms part of his estate. As heirs, you and your brother have what we call co-ownership under the Civil Code of the Philippines. This...

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1 answer

About Probate Law

Probate law involves the legal process that occurs after a person dies, during which their estate is distributed to beneficiaries and any outstanding debts are settled. This process ensures that the deceased's will is followed and that any disputes or legal claims against the estate are resolved fairly. Probate courts oversee the process, ensuring that all aspects of the will and estate distribution comply with local laws. While probate can be a straightforward process in some cases, it can also become complex, particularly if the estate is substantial or if there are disputes among potential heirs or creditors.

Why You May Need a Lawyer

There are numerous situations in which a lawyer's expertise may be invaluable during the probate process:

  • The deceased left behind a will with unclear or ambiguous terms, leading to potential disputes.
  • The estate is extensive or includes complex assets such as businesses, investments, or international properties.
  • There are creditors making claims against the estate's assets.
  • Family disputes arise over the distribution of the assets, requiring mediation or legal intervention.
  • The executor of the will lacks the expertise to navigate the probate process efficiently.
  • Concerns about potential fraud or undue influence affecting the will’s validity.

Having a knowledgeable probate lawyer often streamlines the process, mitigates stress for the families involved, and ensures a fair and legal distribution of the estate.

Local Laws Overview

Local laws play a significant role in the probate process and can vary significantly from one jurisdiction to another. Key aspects often include:

  • Filing Requirements: The process usually begins with filing the will and other necessary documents with the local probate court.
  • Executor’s Duties: The appointed executor or personal representative must manage estate tasks, including asset inventorying, appraising assets, and settling debts.
  • Time Limits: Jurisdictions often have specific time frames within which certain actions must be taken, such as contesting a will or filing claims by creditors.
  • Small Estate Processes: Many areas have simplified procedures for estates under a certain value.
  • Spousal Rights: Surviving spouses may have rights to specific portions of the estate, which could override the terms in the will.

Understanding these local laws in advance can help guide expectations and inform decisions throughout the probate process.

Frequently Asked Questions

1. What is the purpose of probate?

Probate serves to validate the deceased's will, resolve any claims or disputes involving the estate, and oversee the fair distribution of assets to beneficiaries while settling debts.

2. How long does probate take?

The timeline for probate can vary greatly, typically lasting a few months to over a year depending on the complexity of the estate, the presence of any disputes, and local court schedules.

3. Can probate be avoided?

Yes, employing estate planning tools like trusts, joint ownership, and payable-on-death accounts can help bypass the probate process.

4. What happens if someone dies without a will?

If a person dies intestate (without a will), their estate is distributed according to local intestacy laws, which usually prioritize spouses, children, and other close relatives.

5. Is probate necessary if there's a valid will?

Often, probate is still required to validate the will and ensure proper administration but may be simplified under certain conditions based on the estate's size and local laws.

6. What is an executor's role?

An executor manages the estate, including taking inventory, appraising assets, paying debts, filing taxes, and distributing assets according to the will's terms.

7. Can an executor be removed?

Yes, if an executor fails to perform their duties, mismanages the estate, or conflicts of interest arise, beneficiaries or interested parties can petition the court for their removal.

8. Are probate records public?

Generally, probate records are considered public records and can be accessed by interested parties, unless otherwise sealed by the court for specific reasons.

9. How are disputes during probate resolved?

Disputes are typically resolved through negotiation and mediation, but they may go to court if an agreement cannot be reached among interested parties.

10. What fees are involved in probate?

Costs may include court fees, attorney fees, executor fees, appraisal fees, and other administrative expenses, varying by jurisdiction and the estate's complexity.

Additional Resources

For those seeking more information or assistance, the following resources may be helpful:

  • Local Probate Court: Most jurisdictions have official websites providing information on procedures, forms, and contact details.
  • State Bar Association: Offers lawyer referral services and general legal information about probate.
  • American Academy of Estate Planning Attorneys: Provides educational resources and tools for estate planning and probate.
  • National Association of Probate Judges: Offers insights and resources relevant to probate law and practice.

Next Steps

If you believe you need legal assistance for a probate matter, consider these steps:

  • Consultation: Arrange a consultation with a probate attorney to discuss your specific situation and explore legal options.
  • Documentation: Gather all pertinent documents, such as the will, financial statements, and any correspondence related to the estate.
  • Research: Familiarize yourself with local probate laws to better understand your position and the potential outcomes.
  • Legal Representation: Retain a qualified probate attorney to guide you through the necessary legal processes and represent your interests.

Proactively seeking legal advice can help prevent costly and time-consuming errors and ensure an efficient probate process.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.