Estate Settlement & Probate
At Lagerlof, LLP, our dedicated Probate Team is here to guide you through the complex court process after the loss of a loved one. We carefully assess each case to determine if probate can be avoided through alternative procedures. Additionally, we stand by heirs and beneficiaries, safeguarding their rights throughout the probate journey. Your peace of mind is our priority.
Simplifying Probate with Lagerlof, LLP: Your Path to Clarity
Probate, a complex court process, can be overwhelming and challenging to comprehend. With its intricate web of petitions, orders, bonds, letters testamentary, court hearings, continuances, and perplexing probate notes from court staff, it often feels like uncharted territory for most people.
At Lagerlof, LLP, we recognize the confusion and stress that probate can bring. That’s why we go the extra mile to transform the experience into a manageable journey for our clients. How do we achieve this? By tailoring a unique project plan and timeline for each new probate client.
Our approach sets us apart. With a well-defined roadmap, our clients gain a clear understanding of the big picture. As we walk alongside them, navigating the intricacies of daily details becomes less daunting. Transparent communication and constant updates allow our clients to feel more at ease throughout the process.
At Lagerlof, LLP, we believe that knowledge empowers and understanding eases the burden. Let us be your guide through the probate process, providing clarity and confidence every step of the way. Together, we can simplify probate and ensure your peace of mind during this challenging time.
Litigation Services: Protecting Your Rights with Lagerlof, LLP
Our Probate Team expertly represents clients in various probate disputes.
Will Contests: Challenging will validity due to incapacity, undue influence, fraud, or elder abuse.
Will Interpretation: Providing guidance and advocacy in cases of unclear language or intentions.
Executor Misconduct: Taking action against improper executor actions.
Beneficiaries’ and Heirs’ Rights: Vigorously safeguarding their rightful share.
Decedent’s Creditors: Representing the interests of creditors for fair resolution and settlement.
Your rights are our priority. Trust our skilled team to advocate for positive outcomes in probate disputes.
Our area of expertise is as follows:
- Asset Transfers
- Creditor Resolution
- Account Management
- Beneficiary Coordination
- Real Estate: Managing, selling, and distributing decedent’s properties.
- Property Reassessment
- Business Management: Winding down, selling, or distributing decedent’s businesses.
- Tax Consulting
- Trust Administration
- Nationwide Coordination: Coordinating with ancillary probates in other states.
- Executor Support: Assisting with executor resignation or removal.
- Handling Disputes
- Specialized Distributions
- Court Accountings
- Personal Property Sales
- Estate and Trust Litigation: Representing clients in probate-related disputes, such as will contests and financial elder abuse.
Joshua Driskell
jdriskell@lagerlof.com
Vanessa Terzian
vterzian@lagerlof.com
Estate Settlement & Probate Flyer:
FAQ
Most frequent questions and answers
Probate is the court-supervised legal process used to validate a will, pay debts, and distribute a deceased person’s assets.
It is generally required when the deceased owned assets in their name alone without beneficiary designations or a trust.
Probate typically takes 9 to 18 months, but can be shorter or longer depending on:
- Estate complexity
- Court backlog
- Whether disputes arise
- Tax issues or creditor claims
Complex estates may take multiple years to fully close.
Assets that usually go through probate include:
- Real estate titled only in the deceased’s name
- Bank, investment, or retirement accounts without a beneficiary designation
- Personal property (jewelry, artwork, and other valuables)
- Business interests without succession planning
Assets held in trusts or with designated beneficiaries generally avoid probate.
An executor (or personal representative) is responsible for:
- Filing the will with the probate court
- Managing estate assets
- Notifying creditors and paying debts
- Filing final tax returns
- Distributing assets to beneficiaries
They have a fiduciary duty to act in the estate’s best interest.
No. Many assets bypass probate, including:
- Living trust assets
- Joint tenancy property with right of survivorship
- Life insurance with a beneficiary designation
- Bank, investment, or retirement accounts with a beneficiary designation
Proper estate planning significantly reduces probate exposure.
Probate costs vary by state and estate size but often include:
- Court filing fees
- Attorney’s fees (often statutory or hourly)
- Executor fees (in some cases)
- Appraisal and administrative costs
In some states, attorney and executor fees are based on a percentage of the estate value.
Yes. Common probate-avoidance tools include:
- Revocable living trusts
- Beneficiary designations
- Joint ownership structures
- Transfer-on-death deeds (where allowed)
- Estates under a certain size depending on the jurisdiction (small estates)
A properly funded trust is one of the most effective ways to avoid probate.
If there is no will, the estate is distributed under intestate succession laws. Typically:
- Spouse and children inherit first
- If none, assets go to parents or siblings
- If no heirs exist, the estate may escheat to the state
The court appoints an administrator to handle the estate.
Yes. Common reasons for contesting probate include:
- Alleged undue influence
- Lack of testamentary capacity
- Improper execution of the will
- Fraud or forgery
Contested probate cases can significantly extend timelines and increase costs.
Beneficiaries generally do not personally inherit debt, but:
- Estate assets must first pay valid debts
- Creditors are paid before distributions
- In some cases, inheritance may be reduced or eliminated
Certain debts may be forgiven or discharged depending on estate value.
