Estates & Probate
Our dedicated and experienced team is here to expertly guide you through every step of the intricate process of estate planning and probate, ensuring that you are well-informed and prepared, ultimately safeguarding your family’s future.
“Navigating the complexities of estate planning so you can focus on what matters.”
Defining terms
What is probate, and how does it work?
Probate is the legal process that occurs after someone passes away, during which their will is validated, debts are settled, and assets are distributed to beneficiaries. This process involves court supervision to ensure the deceased’s wishes are honored and legal obligations are fulfilled.
1
Estate evaluation
We begin by assessing all assets, debts, and legal documents to understand the full scope of the estate.
2
Court proceedings
Our team handles all legal filings and represents you in court to validate the will and appoint an executor.
3
Asset distribution
We ensure that assets are distributed according to the will or state laws, resolving any disputes that arise.
Care plans
Why choose Nautilus for estate planning?
Our compassionate approach and comprehensive expertise make us the trusted choice for securing your family’s future. We take the time to understand your goals, offering tailored strategies to protect your assets and honor your wishes.
Common situations
No existing will
Contested wills
Complex estates
Tax considerations
Business succession
Guardianship for minors
Charitable bequests
How we can help
No matter your situation, our team of experienced attorneys are equipped to provide personalized solutions tailored to your needs.
Testimonials
Stories of success from our clientele across the country.
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“Navigating the legal system was overwhelming until I found this firm. Their team was attentive, knowledgeable, and truly cared about my case. Thanks to them, I achieved a result that exceeded my expectations.”
Sara M.
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“The attorneys provided exceptional guidance for my business. Their expertise in corporate law helped us successfully close a critical deal. I highly recommend their services to any entrepreneur.”
Emile T.
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“I was unsure about how to protect my intellectual property. The firm’s specialists walked me through every step, making the complex process understandable. Now, my innovations are secured.”
Lisa K.
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“Facing criminal charges was terrifying, but the defense attorneys stood by me every step of the way. Their dedication and expertise led to a favorable outcome, and I regained my peace of mind.”
Karen L.
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“Buying my first home was a daunting process. The real estate lawyers made it seamless, explaining all the details and ensuring my interests were protected throughout the transaction.”
Josh A.
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“Planning my estate was something I had put off for years. The attorneys made it easy, helping me set up a will and trust that secure my family’s future. Their professionalism was outstanding.”
Melanie P.
Common questions
Practical knowledge to make the most of our team’s expertise.
Contact us now to schedule a consultation and take the first step toward peace of mind. Our team is ready to assist you in crafting a plan that reflects your values and safeguards your loved ones.
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Probate is the legal process of settling a deceased person’s estate, which includes validating their will (if one exists), paying outstanding debts and taxes, and distributing the remaining assets to beneficiaries. It ensures that the deceased’s wishes are honored and that the estate is properly managed according to the law.
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The duration of probate can vary widely depending on the complexity of the estate, the state’s laws, and whether any disputes arise. On average, it can take anywhere from six months to over a year. Complex estates with contested wills or significant debts may take longer to settle.
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Assets solely owned by the deceased at the time of death typically go through probate. This includes real estate, bank accounts, investments, and personal property not jointly owned or without designated beneficiaries. Assets held in a trust, joint accounts with rights of survivorship, or accounts with named beneficiaries usually bypass probate.
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Yes, probate can be minimized or avoided through proper estate planning. Methods include setting up a revocable living trust, designating beneficiaries on accounts, and holding property jointly with rights of survivorship. These strategies allow assets to transfer directly to beneficiaries without going through probate.
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Probate costs can include court fees, attorney fees, executor fees, appraisal costs, and other administrative expenses. These costs vary based on the size and complexity of the estate and the state’s fee structure. Typically, probate expenses are paid out of the estate’s assets before distribution to beneficiaries.
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An executor (also known as a personal representative) named in the will is responsible for administering probate. If there is no will or no executor is named, the court appoints an administrator. The executor or administrator manages the estate, pays debts and taxes, and distributes assets to beneficiaries under court supervision.
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When a person dies without a will (intestate), their assets are distributed according to the state’s intestacy laws. Typically, the estate is divided among surviving spouses, children, or other close relatives based on a predetermined formula. The court appoints an administrator to handle the probate process in such cases.