Probate is a legal process that follows the passing of an individual, ensuring their assets are distributed according to their wishes or state laws. Starting the probate process can seem daunting, but having the right documents in order is a crucial first step. If you plan on conducting a full estate, you will want to get as many of the following documents together as possible. Unsure of what kind of estate you need to open? Read our post on the types of probate estates in Connecticut.

Conclusion

Every probate is different. The above-enumerated documents are relatively standard, but based on the type of estate, requirements may change.

The post What Documents Are Necessary to Start Probate of an Estate appeared first on Glouzgal Law PLLC.

Are you looking to handle a probate estate in Connecticut but aren’t sure where to start? One of the first steps is deciding what type of an estate you will be probating. The type of estate you are probating will determine the forms that do or do not need to filed, and will determine how much time the probate process will take.

ESTATES FOR TAX PURPOSES ONLY

In cases where there are no probate assets solely in the decedent’s name, the estate must still report any non-probate assets by filing an estate tax return with the Probate Court. Such estates are commonly termed “tax purposes only estates” or TPO estates.

PROBATE ESTATES

In case where there are solely owned assets, there are two distinct probate procedures: the small estate procedure and the full estate process. The selection between the two procedures is controlled by the value and nature of the assets within the estate.

SMALL ESTATE PROCEDURE

If the decedent’s solely owned assets are valued at $40,000 or less (excluding solely owned real property), the estate may qualify to be settled as a small estate. Real property encompasses land and buildings, including condominiums, while personal property includes assets like bank accounts, stocks, bonds, and tangible personal items (such as art, furniture, antiques, jewelry, automobiles, etc.).

This streamlined procedure doesn’t involve the admission of a will, the appointment of an executor or administrator, and removes some steps usually required in estate administration.

FULL ESTATE

If the decedent’s solely owned property exceeding $40,000 in value or involves real property, the initiation of a full estate proceeding may be necessary. This requirement holds true even if the estate lacks assets or if the assets are solely personal property valued at less than $40,000. A full estate may also be required for purposes such as initiating legal action on behalf of the estate (e.g., a wrongful death action), continuing litigation commenced before the decedent’s death, or collecting a debt owed by the estate.

If the decedent left a will, the estate is termed “testate.” Upon validating the will, the court admits it to probate and appoints an executor to settle the estate. The decree admitting the will is sometimes known as “letters testamentary,” and those designated in the will to receive the decedent’s property are called beneficiaries.

In the absence of a will, the estate is termed “intestate.” The court grants administration and appoints an administrator to settle the estate. Heirs, the individuals receiving property from an intestate estate, are determined by the laws of intestacy, which specify both the heirs and their respective shares.

Do you need a lawyer to settle a probate estate?

If you find yourself overwhelmed by the prospect of handling a probate on your own, you should consider hiring a licensed attorney to assist you in the process. The attorney will be able to guide you to choosing the proper estate to open, compiling any documents that need to filed, distributing assets, complying with any court orders, and any other items necessary to settle the estate.

The post What Are the Three Types of Estates that are Probated in Connecticut? appeared first on Glouzgal Law PLLC.

If you have a loved one who has passed and entrusted you with the administration of their estate you might consider hiring an attorney to assist with the process.

At Glouzgal Law PLLC we offer Probate Estate Settlement Services in Connecticut, New York State and New York City.

One of the main concerns you may have is how the estate is going to pay for those legal fees.

We offer our probate estate clients three different options for legal fees so that the client can choose the option that they feel most comfortable with. Clients can choose from these options:

1. Hourly Billing – For clients who don’t want to guess at how much work will be involved, and would prefer to pay hourly for the exact work performed, we offer standard hourly billing. We charge $350 per hour for attorneys and $175 per hour for paralegals.
2. Flat Fee – For clients who want to know exactly what their exposure will be, we offer a flat dollar amount for the entire probate estate settlement process; our engagement letter will identify exactly which services are covered.
3. % of Estate Value – For clients who don’t want to worry about being billed hourly for phone calls and e-mails, and don’t want to guess at whether the flat fee is a good deal for the Estate, we offer a billing based on the final value of the estate. Depending on the estimated value, we usually charge between 2 and 3 percent of the value.

If you are looking for a probate attorney, have questions about the probate process or how we can help, please give us a call at 203-885-0500.

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