FAQs
FAQs about A Professional Law Corporation
Probate Matters:
Q: How long does the probate process take?
A: Generally, one to two months, depending on complexity of the estate and number of heirs and/or legatees.
Q: How do the decedent's current bills and expenses get paid?A: At the time of filing for probate or administration of an estate, the court will appoint an Executor, Independent Executor, Administrator and/or Independent Administrator to gather information about the assets and liabilities of the decedent, who will arrange for payment of decedent's debts.
Q: What is the difference between an Independent Administrator or Independent Executor and a mere Administrator or Executor?A: When the Last Will and Testament of the decedent has named an Independent Executor or with the consent of all heirs, an appointment of an Independent Administrator is made, the Independant Executor/Administrator can act to pay all bills and obtain all information necessary to complete the administration of the Estate without further court approval. If only and Executor or Administrator is appointed then, in that case, each transaction and payment of bills and expenses by the Estate requires court approval.
Q: What document is necessary for an Executor, Independent Executor, Administrator or Independent Administrator to act?A: All Executors or Administrators would be required to obtain either Letters Testamentary from the court after certain procedures are completed (where the decedent has left a Will) or Letters of Administration (in the event that the decedent has not left a Will).
Q: Is the Administrator or Executor entitled to a fee?A: Yes, unless the Will states otherwise, an Executor or Administrator is entitled to 2 2% of the value of the estate as a fee for acting as Executor or Administrator.
Q: How is the attorney paid?A: Our firm does not charge for the initial consultation in probate matters. Therefore, at the conclusion of the initial interview, our attorney will determine the amount of time he believes necessary to complete the Succession and will then quote a lump sum set fee. No other fees will be due regardless of the amount of time it takes for the attorney to complete the Succession unless the Will or the Succession is contested.
Q: How is the Succession completed?A: After a complete determination of all assets and liabilities of the Estate, arrangement for payment of liabilities and a full description of all assets and inventory with the court, the attorney will petition the court for a Judgment of Possession. The issuance by the court of the Judgment of Possession places the heirs and/or legatees in possession of the assets of the estate in the proportions which they are due, including any real property which is then placed in the names of the heirs and/or legatees in accordance with law or the Last Will and Testament of the decedent.
We ensure that our services take into account our client's specific situations and needs. You may contact Mr. Hughes at the Contact Us page of this website for any further questions you may have with regard to the probate process or any other matter (at no charge).