Probate
"Ζωή σε εσάς"
From our Greek family to yours, "Ζωή σε εσάς" [Life to you].
Your probate services covered
What is probate?
When a person passes away without the necessary documents to outline the future of their estate, their estate will enter Probate. Probate is a court-supervised process with four primary objectives:
- Validate a person’s will (if any)
- Distribute a deceased person’s assets to the legal beneficiaries or heirs
- Determine any debts and taxes that need to be paid
- Determine the claims of creditors.
Through this process, the rights of surviving spouses, creditors, and beneficiaries of the estate will be protected. It ensures that once the property is transferred to heirs or beneficiaries, it is free from any creditors’ claims. This process is guided by a personal representative titled by the deceased or appointed by the court.
Our Promise
Our expert team offers personalized solutions, transparent communication, and compassionate support, ensuring a smooth process during challenging times. Trust us to handle the details while you focus on what matters. Schedule your consultation today!
Our Process
- First, an application is filed within the Probate Court located in the county where the decedent last resided.
- Once you commence court action, you must notify all heirs or interested parties of the estate.
- In order to commence court action, the will (if any) must be admitted to the probate court. This gives all interest parties/heirs a chance to contest the will if they don't agree with its contents. If there is no will, the court will determine the order of priority in which the designated heirs will receive estate property, this is known as intestate succession. Generally, the order is as follows: spouse, children, parents, siblings, and children of siblings.
- If there is no Will, the court will determine who will act as Personal Representative (the person who is in charge of the estate, marshals all the assets, and makes distributions).
- Publish a Notice to Creditors in the appropriate county news paper to give creditors a chance to submit a claim against the estate. If the claim is submitted in a timely manner, you must pay creditors who file a claim against the estate. Creditors may only make a claim against the estate and not the family members personally.
- The Personal Representative's job is to move all estate assets into one estate checking account.
- Prepare a statement to the court which is known as an inventory. The inventory shows the court what assets are in the estate.
- Once the inventory is established, the Personal Representative must pay all debts of the estate and then close out the estate.
- A Personal Representative is entitled to 2% of the estate assets.
- The probate court will also collect 0.02% of the estate inventory.
- It is up to the Personal Representative to prepare a final accounting to the court and then close out the estate and distribute money to beneficiaries.
Testimonials
Hear from the clients we have helped!
"Georgia was Fabulous! You have to respect an attorney whose 'edge' enters the room before she does! If you've any property or probate disputes... You must retain her! No nonsense and sharp as they come! She also does wills, etc." - S.S.
Frequently Asked Questions about Probate
Please reach us at info@konstantakislaw.com if you cannot find an answer to your question.
The duration of the probate process can vary widely depending on factors such as the complexity of the estate, local laws, and any disputes that arise. However there are a few categories that can help break things down:
- Simple Estates: If the estate is relatively straightforward, with clear documentation, few assets, and no disputes, probate might be completed within a few months. In some jurisdictions, a simplified or expedited probate process might be available for estates that meet certain criteria.
- Moderate Complexity: For estates with moderate complexity, such as multiple assets, a small number of beneficiaries, and no major disputes, probate could take around six months to a year.
- Complex Estates: If the estate is complex, involving substantial assets, multiple properties, numerous beneficiaries, unresolved debts or claims, or legal challenges to the will, probate could take a year or more to resolve. Complex estates might involve negotiations with creditors, appraisals of various types of property, and legal proceedings that extend the process.
- Contested Estates: If there are disputes over the validity of the will or claims against the estate, probate can be significantly prolonged. Legal battles can extend the process for several years in some cases.
A probate case can be very complex and hard to navigate. If you have an attorney by your side it can be extremely helpful, as it lessens the risk of any mistakes that could harm your future.
If you want to challenge a Will or Trust, you will need an attorney as a representative for your interests.
No. It will first go to the individual's spouse if alive. If not, then it will go to any surviving children. If no family member claims the estate of an individual who has passed, THEN it will go to the state.
It is the process of distributing a deceased person's estate to their rightful heirs. It is beneficial to have a Will or Trust made before you pass, as it makes the legal process easier for your loved ones. If you plan ahead and state the executors of certain estates it will be easier for courts to distribute your properties.
If the debt claims are valid, a process of negotiation and prioritization of the debt begins within the estate. Depending on funds in addition to potential taxes, assets may need to be sold to cover all debts.
Estate planning involves arranging your assets and personal affairs to ensure they're managed and distributed as you intend, both during your life and after. This includes creating a will, setting up trusts, designating powers of attorney for financial and medical decisions, and outlining your preferences for medical treatment.
My Blog
Konstantakis Law Office, LLC
5217 South 51st Street, Greenfield, Wisconsin 53220, United States
Copyright © 2023 Konstantakis Law Office, LLC - All Rights Reserved.
We respect your privacy.
We use cookies to operate this website, improve usability, personalize your experience, and improve our marketing. Your privacy is important to us, and we will never sell your data.
Welcome
If you have questions, we offer a free 15 minute telephone consultation with our attorneys.