Trust & Probate Litigation Attorney

19. Do personal representatives get compensated?

Yes. Personal representatives get reimbursed from the estate funds for any out-of-pocket expenses they incurred in managing and settling the estate. Moreover, personal representatives get compensation as defined by statute, usually between 2%-4% of the value of the...

21. Does it cost anything to go through probate court?

Yes, there are filing fees for initial petitions for probate, for a response or objection to a petition for probate, and for other petitions relating to the administration of an estate. There are also often additional fees for court reporting services to make a record...

23. What if the decedent owned real property in another state?

First, probate proceedings must be commenced in the state where the decedent lived. Then, “ancillary probate” proceedings need to take place in the state where the real property is located. The laws of that state will govern those proceedings and may affect who gets...

24. What do I need to start a probate case?

You will need to file a Petition for Probate and pay the filing fees. There are specific forms that can be used for various probate petitions, including a Petition for Probate. If there is an original will, it should also be submitted to the probate...

26. How do I get legal help for probate proceedings?

You will have to speak to a private attorney of your choice to get legal assistance. The probate court does not appoint counsel for probate proceedings, and the court’s attorneys and personnel are prohibited by law from providing any legal...

27. What is a Probate Clerk?

The Probate Clerk is the division of the court clerk’s office which handles the filing of papers in probate proceedings.

28. What is a Probate Examiner?

A Probate Examiner reviews the content of petitions and documents filed with the probate court to ensure technical legal requirements have been met before the probate court takes any action regarding those petitions or documents. This substantially reduces the time a...

29. What are probate notes?

Probate notes are tentative rulings on the various petitions before the probate court, and often detail technical deficiencies that a party must resolve before the probate court will make a...

30. What is an amendment?

An amendment corrects incomplete or incorrect information in a previously filed petition. An amendment should identify the document that is being amended (for example, “Amendment to Petition for Probate”). If the original document was verified, then the amendment must...

31. What is a supplement?

A supplement is similar to an amendment, except that a supplement adds missing information that was excluded from the previously filed petition. A supplement should be prepared in the same manner as an amendment.

32. What is an Amended Petition?

An Amended Petition is used when there is a significant amount of corrected information for a previously filed petition, and is effectively a do-over of the previous petition. An Amended Petition usually needs to be noticed to interested persons, even if proper notice...

33. What is a Probate Referee?

A Probate Referee is a person who has been qualified by the probate court to assist in appraising the value of assets in decedents’ estates.

35. What is a continuance?

When a petition has technical errors that cannot be corrected by the hearing date, then the probate court will continue the hearing and provide you with a new court date. This is intended to allow the problems to be corrected before the new court...

36. What is an Objection to a Petition?

Interested parties who have received notice of the hearing can file objections to the petition. This makes it a contested matter which may require a formal evidentiary hearing or trial.