Georgetown, TX Estate Planning Law Firms & Lawyers

If you, as the Administrator, are represented by an attorney then your attorney should properly advise you about your duties. If you feel like your attorney has not properly advised you, you should feel free to contact your attorney and express that you are feeling unsure about your duties and responsibilities as Administrator. If you are still not satisfied after speaking with your attorney, you might be well-served to consult with another attorney. Unfortunately, some attorneys advertise that they practice probate law, when the reality is that they do so very infrequently and are not as familiar with probate law as they should be. You should ensure that your probate attorney is experienced in probate law and that probate is a main practice area, not just an occasional practice area. If you are not represented by an attorney, you are responsible to understand your duties and responsibilities on your own. In Clark County, Nevada, the Court will not provide you with any documents or forms describing your duties. Title 12 of the Nevada Revised Statutes (Chapters 132-156) governs probate law and procedure in Nevada. You should review and become familiar with the requirements of these Chapters, though this may be a daunting task for a non-attorney. Accepting the position of Administrator requires you to perform your duties properly, whether you are represented by an attorney or not. If you fail to perform your duties properly, you could subject yourself to personal liability for any harm caused to the estate. Though it is possible to perform your role as Administrator without an attorney, you would be well-served to retain an experienced probate attorney who will help you understand your duties and responsibilities and will ensure that the probate administration is performed properly and quickly.

I am sorry for your loss. Whether his estate will be probated at all will depend on the following factors: 1. What was the nature and title of his property. 2. The terms of his Last Will. This is where he would have nominated an executor. 3. His home state of residence. For additional information, consult with an attorney specializing in estate administration.

Probate is done in the state where the decedent is domiciled. Since he was temporarily staying in another state, that is not considered to be his domicile. Only assets in your father's name only will go through probate. For most married couples, they own everything in joint names, so upon the first to die, there is no probate estate. Therefore, the first question to ask is what assets did your have in his name only that had no beneficiary designation upon his death. This includes payable on death bank accounts and certificates of deposit, transfer on death for personal property that is titled such as boats and automobiles, and beneficiary deeds for real estate. If there are no assets, there is no probate. The next question is what is the value of the assets that go through probate. Most states have procedures for small estates. In Missouri, the small estate procedure is for net assets totaling less than $40,000. If the net assets total more than $40,000, then you need to do a full probate estate. In Missouri, you need to hire an attorney for probate. For estates greater than $40,000, the person probating the estate is called the personal representative. This person can also be called the executor or executrix. This person is named in the will. If there is no will, then this person applies for letters of administration and requests to be appointed personal representative. The court does not automatically do this. The attorney will prepare the necessary papers for you to sign and get appointed.