Probate And Estate Planning Guidance For Your Future

Last updated on February 11, 2025

Losing a loved one can be stressful enough without the stress involved with a will that has turned to probate court. Due to the length of time and inconvenience, you could end up with costly bills and lost time. Hence, having an experienced and compassionate probate and estate planning attorney on your side is essential to make things a little easier on you.

The Law Offices of Timothy L. Lapointe, P.C., can help you protect your assets and your wishes with a comprehensive estate plan. Mr. Lapointe can also help settle any challenges involving probate. With his comprehensive approach, you can develop a plan for your future.

What Is Probate And How Does it Work?

Probate is the legal and financial processes involved when dealing with the property, money, and possessions of a person who has passed. The purpose of the probate process is to prove if a will is valid and confirm who has the authority to administer the estate on behalf of the person who passed. Before the executor named on the will can claim, transfer, sell, or distribute any of the assets listed, they must apply for a grant of probate.

The 5 Steps To Probate

Probate can be a complex process, but it helps to know what to expect. In most cases, probate will involve these steps:

• Step 1: Identify all of the deceased’s assets & liabilities.
• Step 2: Pay inheritance tax & apply for a grant of representation.
• Step 3: Receive grant representation.
• Step 4: Prepare estate accounts for all payments into and out of the estate.
• Step 5: Transferring all assets to the beneficiaries & distributing the balance of the estate in terms of the will.

No matter what stage of probate you are in or what questions you may have, you can get the information and support you are looking for at The Law Offices of Timothy L. Lapointe, P.C..

Frequently Asked Questions

Many people have questions about estate planning and probate. Mr. Lapointe can address your questions, including ones such as:

Do I need probate if there is a will?

Unfortunately, probate doesn’t depend on whether there is a will but on the deceased person’s financial status. That said, the process is very similar regardless of whether there’s a written will.

We’ve found the will, but what do we do now?

The next step would result in the executor applying for a grant of probate.

Am I required to act as an executor if named on the will?

No, you have two options to opt of acting as an executor. Your first option is to give up all rights as the executor. Your second option in the case when there are other executors is to choose power reserved. Doing so allows the other executors listed to act but gives you the ability to join in on the probate process down the road if you need/want to.

Is probate necessary for a small estate?

In the case where the descendant’s estate is less than 25k and does not contain any property, there may be a chance that probate is not needed.

Is probate required to sell the house?

If the house is held under the deceased person’s sole name, then yes, probate will be needed to sell it. However, if the house is held jointly, the other surviving owner wants to sell the house, and they can do so with the deceased’s death certificate.

Who is responsible for getting probate?

If the person who has passed left a valid will, it shall name one or more executors in which it will be their responsibility to apply for probate. When there is no will, the inheritance rules called rules of intestacy would determine who is responsible for probate.

Is probate required for joint assets?

If the person who has passed owns any form of joint assets, they will pass on to the surviving co-owner under the right of survivorship. In order to transfer the assets into their name, they must present the death certificate.

Comprehensive And Custom-Tailored Support

If you have more questions about estate planning or probate, contact the Mason City office of The Law Offices of Timothy L. Lapointe, P.C., by calling 641-832-6383 or reaching out online today.