How the Heck Do I Start a Probate Case? 3 Tips
May 12, 2012 By Robert J. Kulas, P.A.
If you've experienced the death of a close family member, you may have to soon confront the prospect of beginning the probate process. Though the process is slightly different depending on where you live, beginning a probate case involves several key steps and requirements.
Tip 1: Ready a petition.
A petition is the formal document that you must file with the probate clerk's office. It contains the specific information about the case, such as who the decedent is, where he or she lived, and who the person filing the case is. The filing party is usually the personal representative the decedent named in the will or a close relative. The person filing the petition will also have to include various documents, such as a death certificate, as well as a filing fee.
Tip 2: Go to the correct courthouse.
You must file the probate petition in the local county courthouse where the decedent lived. This is true even if you live in another state or if the decedent, for example, was in a hospital in another county and died there. The probate process is focused on redistributing the decedent's property, which is likely located in the county where he or she lived.
Tip 3: Get a good lawyer.
Probate comes with a reputation for being difficult, rule-heavy, and often very long. Though many of the stories surrounding probate are exaggerations, there is some truth to the common perception. It’s always best to hire a good probate lawyer if you must probate an estate. If you don't know whether probate is necessary or need advice of any kind, talking to a lawyer first is always the best option.
ABOUT THE AUTHOR: Robert Kulas
Experienced estate planning attorneys Port St. Lucie FL of the Robert J. Kulas, P.A. offers estate planning and business planning resources to residents of Port St. Lucie FL.
Copyright Robert J. Kulas, P.A.
More information about Robert J. Kulas, P.A.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
A petition is the formal document that you must file with the probate clerk's office. It contains the specific information about the case, such as who the decedent is, where he or she lived, and who the person filing the case is. The filing party is usually the personal representative the decedent named in the will or a close relative. The person filing the petition will also have to include various documents, such as a death certificate, as well as a filing fee.
Tip 2: Go to the correct courthouse.
You must file the probate petition in the local county courthouse where the decedent lived. This is true even if you live in another state or if the decedent, for example, was in a hospital in another county and died there. The probate process is focused on redistributing the decedent's property, which is likely located in the county where he or she lived.
Tip 3: Get a good lawyer.
Probate comes with a reputation for being difficult, rule-heavy, and often very long. Though many of the stories surrounding probate are exaggerations, there is some truth to the common perception. It’s always best to hire a good probate lawyer if you must probate an estate. If you don't know whether probate is necessary or need advice of any kind, talking to a lawyer first is always the best option.
ABOUT THE AUTHOR: Robert Kulas
Experienced estate planning attorneys Port St. Lucie FL of the Robert J. Kulas, P.A. offers estate planning and business planning resources to residents of Port St. Lucie FL.
Copyright Robert J. Kulas, P.A.
More information about Robert J. Kulas, P.A.
View all articles published by Robert J. Kulas, P.A.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
