Tag: probate

Arizona Probate Services #arizona,probate,services,do #it #yourself,informal,formal,small #estate,affidavits,paralegals,low #cost,fast,easy,cheap,experienced,legal,papers,probatecourt,phoenix,save,money,filings,court,fees,how #do #i #get #appointed #as #executor,do

#

We professionally prepare probate legal documents and help you understand the mandated court process.
OUR MISSION IS TO SAVE YOU TIME, MONEY AND STRESS!
Don’t want, or can’t afford an attorney. you may not need one!
Call us today with your questions — you will be glad you did!
(602) 523-0100

A commonly asked question is: Do I need an attorney for Arizona probate?

The simple answer is no – anyone can file their own documents with the probate court. The right answer is one that only you can answer. Many probate cases are standard and only require an understanding of the court document requirements and the timing of the process. Some probate cases are more complex and you should be represented by legal counsel.

At Arizona Probate Services, we will discuss your situation with you. If we are uncomfortable about preparing the documents for your particular situation, we will recommend you seek legal counsel. We will always be honest and upfront with you. Integrity and a commitment to quality is the foundation of our business.

Then documents are filed with the court when it is appropriate, you administer the estate, and close probate when it is time! With our help, it’s that simple!

Thank you for supporting Arizona Business!

All fees on this website are subject to change without notice.

NOTICE TO CONSUMER
Arizona Probate Services is an Arizona certified legal document preparer, certified by the Arizona Supreme Court. The purpose of a Certified Legal Document Preparer is to provide professionally prepared legal documents and procedural assistance at an affordablecost. A Legal Document Preparer cannot represent you in court. A legal document preparer is not a lawyer, is not employed by a lawyer, and cannot give legal advice, and communications with a legal document preparer are not privileged (meaning we are subject to subpoena).

This website is intended to provide general information about Arizona legal issues and process. However, legal information is not the same as legal advice, which is the application of the law to a specific situation. The information provided on this website is not intended or meant to provide a comprehensive picture of any particular situation.


Content copyright 2010-2011. Arizona Legal EASE, Inc. All rights reserved.





Tags : , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Ohio Probate: An Overview #ohio #probate #attorney

#

Ohio Probate: An Overview

Probate is a court-supervised legal process that may be required after someone dies. Its purpose is to make sure the deceased person s debts and taxes are paid and that assets are transferred to the people who are entitled to inherit them.

Will a Probate Proceeding Be Necessary?

Generally, only assets that the deceased person owned in his or her name alone go through probate. Everything else can probably be transferred to its new owner without probate court approval.

Many common assets do not need to go through probate. Examples include:

  • assets held in trust (for example, a revocable living trust designed to avoid probate)
  • assets owned in survivorship tenancy or joint and survivorship form, which pass automatically to the surviving owner
  • assets held by a married couple in tenancy by the entirety (available only if the tenancy by the entirety was created before April 4, 1985)
  • assets subject to a beneficiary designation (for example, retirement accounts for which a beneficiary has been named, or payable-on-death bank accounts)
  • proceeds of an insurance policy that are payable to a named beneficiary
  • real estate subject to an Ohio transfer-on-death designation affidavit (deed)

Simplified Probate for Small Estates: Release From Administration

A simplified and less expensive probate process is available in either of these situations:

  • The surviving spouse inherits all probate property (either under the deceased spouse s will or if there is no will, by state law) and the value of the estate is no more than $100,000; or
  • The estate s value is $35,000 or less.

The simplified process should take only two to four months. The probate court will then order the estate assets distributed to the people who inherit them.

No Probate for Very Small Estates: Summary Release From Administration

No probate at all is necessary if the estate is worth less than $5,000 or the amount of the funeral expenses. In that case, anyone (except the surviving spouse) who has paid or is obligated to pay those expenses may ask the court for a summary release from administration.

Alternatively, the surviving spouse may ask for summary release from administration if:

  • the surviving spouse inherits everything and is entitled by law to a family support allowance
  • all of the deceased spouse s assets are worth no more than $45,000,
  • and the surviving spouse has already paid the funeral costs or is obligated to pay them.

Who Is Responsible for Conducting a Probate Proceeding?

The person named to serve as executor in the deceased person s will generally takes charge of the estate. If there is no will, or the person named in the will isn t available or willing to serve, the probate court will appoint someone to serve an administrator. The surviving spouse, if any, has first priority to be appointed as administrator.

Once the court issues a document called Letters of Authority, the executor or administrator must:

  • prove in court that a deceased person’s will is valid (usually a routine matter)
  • gather, inventory, and safeguard the deceased person’s assets
  • have those assets appraised
  • pay debts and taxes, and
  • distribute the remaining property as the will (or if there’s no will, state law) directs.

The executor must keep careful records of how estate assets are handled and distributed.

Probate Costs

Formal probate can be expensive; that s why so many people take steps to avoid it. In Ohio, costs commonly include:

  • court costs (usually between $200 and $250)
  • executor or administrator s fee, based on a percentage of the value of the probate estate (though family members commonly don t accept compensation for their work, in part because it s taxable income)
  • attorney fees (these fees can be negotiated between the executor and the lawyer; some counties also publish fee schedules, but these are not mandatory)
  • appraisal fees (when necessary to determine the value of estate assets).

If the estate is large enough, it may also owe federal estate tax. but this tax will be due whether or not there is a probate court proceeding. The Ohio estate tax was repealed effective January 1, 2013.

How Long Does Formal Probate Take?

Most straightforward probate cases can be wrapped up within about nine months after the executor or administrator is appointed. Creditors have six months to file a claim, so probate must last at least that long. If the estate owes state or federal estate tax, it s likely to take a year or more.

The case will also be delayed if someone files a will contest. alleging that the deceased person wasn t of sound mind or was unduly influenced when he or she signed the will. The contest must be filed within four months after interested persons are notified of the probate. Will contests, however, are rare.

Talk to a Probate attorney.





Tags : , ,

Guide to the Surrogate’s Courts of New York City, Nassau and Suffolk Counties #surrogate’s

#

SURROGATE’S COURT GUIDE – NEW YORK’S PROBATE COURTS

Handles all types of matters related to decedents who resided in the County of Bronx when they died or, in the case of guardianships or adoptions, of persons who currently reside in the county.

The Bronx Surrogate’s Court is located in the Supreme Court Building. For detailed driving and/or public transport directions to the court, enter your address below:

Hours: Monday – Friday 9:00 AM to 5:00 PM

SUBWAY. The Yankee Stadium Subway stop at 161 st Street and River Avenue is located three blocks east of the Bronx Supreme Courthouse located at 161 st at Grand Concourse. The Courthouse is conveniently reached by several subway lines. The No. 4 train, as well as the B (weekdays only) and D trains make stops at 161 st Street/Yankee Stadium. Metro North train service to Connecticut and Westchester County is available at the 125 th Street subway stop.

BUSES. Several New York Transit Authority Bus Lines provide convenient service to the Bronx Supreme Courthouse. The BX 6, BX 13 and BX 55 buses stop at 161st St./Grand Concourse, in front of the building. The BxM4 express bus service from Manhattan stops at 161st Street / Grand Concourse.

Connect with us

To punish respondent for contempt

Suspend, modify, revoke letters or remove a fiduciary other than a custodian or guardian

Suspend, modify, revoke letters or remove a custodian or guardian

Application of fiduciary to resign

Suspend powers- fiduciary in war

Compel production of will

Construction of will

Determination of right of election

Appointment of trustee

Release against state

Appointment of guardian

Open safe deposit box

Proceedings against a fiduciary

Proceedings by fiduciary to discover property

Advice and directions

Review corporate trustee compensation

Petition to compel fiduciary to account

Appointment of successor custodian





Tags : , , , , , , , , , , , , , , , , , ,