I Just Inherited Property in Probate, What Happens Now?
When you’re too overcome with sorrow to handle your probate inheritance, hire a team of probate professionals to help you sell the decedent’s property.
Losing a loved one is never easy, especially if you’re the one responsible for the property left behind. Unless the decedent has set up a living trust, you’ll need to go through the probate process, even if you’re the sole beneficiary of their estate.
The American Bar Association defines probate as a “formal legal process that gives recognition to a will and appoints the executor or personal representative who will administer the estate and distribute assets to the intended beneficiaries.”
Let’s review the key players who will help you navigate the probate process, as well as the phases of probate inheritance you’ll need to go through, so you can cope with your loss knowing your loved one’s estate will be taken care of.
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Disclaimer: This article is purely informational and is not meant to be legal advice. If you have any questions, please consult a probate attorney.
The 3 key players in probate inheritance
Player 1: The probate attorney
The first person you need to contact when you inherit property is a good probate attorney.
A probate attorney will tell you what documents you need for court, draft and file the probate petitions, and speak on your behalf to the judge presiding over your case. Your lawyer advises you on the steps you’ll need to take throughout the probate process.
When selecting your probate attorney, follow these tips:
- Ask about their probate experience: Navigating probate law is complex, as it involves reviewing various legal documents, complying with state-specific regulations, and managing challenges to the validity of wills and trusts, among other things. That said, ask the attorney you’re looking to hire how many cases they’ve handled and how long they’ve been practicing probate law.
- See if they specialize in unique scenarios: If your probate case has special circumstances, such as farmland that needs harvesting or a tenant residing in the probate property, you should ask the prospective attorneys if they have handled cases similar to yours. You may even want to check their references by asking to speak to satisfied clients.
- Ensure they’re a transactional lawyer: With this, you can have peace of mind knowing that the transactional lawyer you’re working with specializes in handling the administrative and paperwork aspects of probate. This is typically the majority of the work in most uncontested probate cases. You’d only need a probate litigator if there are contested matters requiring legal action and dispute resolution through the courts.
Once you choose your attorney, establish a good rapport with them. You need to feel comfortable communicating with your attorney because the probate process is a lengthy one.
According to Sacramento-based probate attorney John Palley, “Many states, like California, are in a traditional, formal probate process with a timeline that takes six or seven months to a year or more on the long end.”
