Probate is a court-monitored process of proving the validity of a will, transferring property, and settling the affairs of the deceased’s estate. If there is no will, a similar process known as Administration is used to settle the deceased’s affairs.

When should a Probate be opened?

As soon as practical following the person’s death. In Nevada, if the total amount of the deceased person’s assets exceeds $20,000, or if real estate is involved, probate (or administration) will be required and there is normally no reason to delay starting the process. Nevada law requires a person in possession of the deceased person’s will must “deliver it to the clerk of the district court” within 30 days of the death.

If a Probate or Administration of an estate is not required, how do I inherit a deceased person’s assets?

If there are no real estate holdings and the value of the estate does not exceed $20,000, certain surviving family member(s) or a person entitled to inherit the property from the estate may initiate proceedings 40 days after the death. Without any court proceeding, these parties may use a form called Affidavit of Entitlement permitting the release of the assets from any person or business holding those assets (such as a bank, stock brokerage company or pension plan administrator).

What if the estate is worth more than $20,000?

If the deceased person’s assets exceed $20,000 or if real estate is part of the estate, probate or administration must be used. However, if the value of the deceased person’s assets subject to probate does not exceed $100,000 exclusive of liens, a special petition to the court by the beneficiary or heirs may allow the estate to be “set aside” and distribution made without further court proceedings. The petitioner will receive a court order directing the distribution of the estate property.

What if the estate’s net value exceeds $100,000?

If the deceased person’s estate has a net value exceeding $100,000, but does not exceed $200,000, the estate must proceed through probate by “Summary Administration”, which provides for a somewhat simplified procedure. If the deceased person’s estate has a net value exceeding $200,000, the estate must proceed through probate by “General Administration,” where the procedure is somewhat more extensive. The Administrator or Executor will receive a document called “Letters Testamentary” or “Letters of Administration” which will be issued by the court, and outlines the Administrator’s or Executor’s authority and responsibility.

Can I become the Executor or Administrator of an estate if I do not live in Nevada?

Nevada does not impose restrictions on residency of an Executor named in a will, but does require a non-resident Administrator of an estate where there is no will to associate with a Nevada resident as co-administrator. How long does Probate or Administration normally take? In a routine probate proceeding, you can expect a minimum probate period of from 120 to 180 days. This allows for publication of creditor notices and gives creditors time to file claims. However, probate and estate administration often take much longer if complications arise.

Who can withdraw funds from a deceased person’s bank account?

Normally, if the account is held jointly, with rights of survivorship, the surviving owner is entitled to withdraw the money or delete the deceased person’s name from the account. The financial institution will probably require a certified copy of the death certificate and proof that the deceased is the same person who owned the account. If the bank account was owned individually by the deceased person, normally only the person appointed as Executor or Administrator of the estate may withdraw funds.

Will the Executor or Administrator need to obtain a separate Tax Identification Number for the estate?

Yes. A Tax Identification Number for an estate normally is required. You should not use the deceased person’s social security number in most cases. A Tax Identification Number for the estate can be obtained from the Internal Revenue Service.

Is the Executor or Administrator of an estate personally liable for the deceased person’s debts?

No, not normally. However, the Executor or Administrator is obligated to act in the best interests of the estate and its beneficiaries. It is advisable to consult with an attorney regarding the duties and obligations of an Executor or Administrator prior to accepting the responsibility.

How do I start Probate or Administration proceedings?

Usually a relative of the deceased submits to the District Court a “Petition for Issuance of Letters Testamentary” or a “Petition for Issuance of Letters of Administration.”

Do I need an attorney to open a Probate or Administration?

Although you can open a probate or administration yourself, it is strongly recommended that you seek the assistance of an attorney who has experience with estate matters. A qualified attorney can guide you through the probate or administration process (including proper notification of other potential beneficiaries of the estate) and can be helpful if a dispute arises with creditors or other potential heirs.

How much will it cost to hire an attorney to process a Probate or Administration?

The cost of probate or administration will vary depending upon the complexity of the estate. You will need to compare rates and experience of attorneys in your area. Some attorneys charge a small percentage of the estate value at the end of the case, some charge an hourly rate as the case proceeds and some charge a flat rate.

How do I find an attorney with experience in estate matters?

You can contact the State Bar of Nevada’s Lawyer Referral & Information Service at 702-382-0504 (toll-free in Nevada at 1-800-789-5747) or look in the yellow pages of your telephone directory. You can also ask friends and/or relatives if they can recommend a good lawyer. The State Bar’s main office (see numbers listed below) can tell you whether or not an attorney is licensed in Nevada and in good standing.

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It is important to realize that changes may occur in this area of law. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.

What is probate?

Probate is a legal process whereby a court oversees the distribution of assets left by a deceased person. Assets are anything a person owns with value, such as real and personal property and cash, for instance.

When is probate needed?

Probate is not always necessary. If the deceased person owned bank accounts or property with another person, the surviving co-owner often will then own that property automatically. If a person dies leaving very few assets, such as personal belongings or household goods, these items can be distributed among the rightful beneficiaries without the supervision of the court.

Sometimes probate is needed to:
Clear title to land, stocks and bonds, or large bank or savings and loan accounts that were held in the name of the deceased person only, and put the title to these assets in the names of the rightful beneficiaries.
Collect debts owed to the deceased person.
Settle a dispute between people who claim they are entitled to assets of the deceased person.
Resolve any disputes about the validity of the deceased person’s will.

What happens during the probate process?

If the deceased person had a will, the will is “proved” and delivered to the court. The deceased person’s will can be proved by an affidavit made under oath by the witnesses to the will. If such an affidavit is unavailable, the personal presence of the witnesses may be required in court to testify that at the time the will was signed, the deceased person was of sound mind and knew what he or she was doing.

A personal representative is selected. A personal representative is someone who handles the deceased person’s affairs. A will generally names a personal representative who, if willing to serve and otherwise qualified, will be approved by the court. If a person dies without a will, the court will select the personal representative, usually the spouse, an adult child or another close relative. If none of those people are available or willing to be the personal representative, the court may choose a bank, trust company or a lawyer.

A notice to creditors is published in a local newspaper. This public notice to creditors tells the creditors that they have four months to bring any claim against the estate for debts the deceased person owes them. The personal representative also gives written notice to all known creditors.

The heirs and people named in the will are notified of the probate proceeding.

Assets are identified and an inventory is prepared and filed with the court. The personal representative works to identify and value the deceased person’s assets. Depending upon the type of assets and the kind of records left by the deceased person, this step can be quite straightforward — or more difficult and time consuming.

Debts are paid. The personal representative ensures that creditors are paid. Creditors must be repaid from the estate before the remaining estate assets can be distributed to the rightful beneficiaries.

The personal representative prepares state and/or federal tax returns and any inheritance, gift and estate tax returns and pays any taxes due.

The personal representative prepares and submits an account to the people named in the will, the heirs of the deceased person and the court. Or if the heirs and people named in the will choose to waive that accounting, a “verified statement” in lieu of that account can be filed with the court for approval.

The account shows all money paid out from the estate and all money collected by the estate. It also contains a narrative explaining the important actions taken in connection with the probate of the estate.

After court approval of the account and payment of all unpaid probate expenses, the deceased person’s assets are distributed to the people and entities (such as charities or trusts) named in the will or, if the person died without a will, to the heirs of the deceased person.

What is a “small estate” proceeding?

Oregon allows an abbreviated procedure for handling small estates that would otherwise require a full probate. If an estate fits in this category, the cost and time for distributing the estate assets may be greatly reduced. The procedure involves filing a document called an “affidavit of claiming successor.” This abbreviated procedure can be used if the estate’s personal property is valued at no more than $75,000 and real property is valued at no more than $200,000, for a total aggregate estate value of no more than $275,000. (These rates are accurate as of April 2018, but can be changed by the state legislature. Please see an attorney or advisor to ensure that they are still accurate.) Real property includes land and buildings or structures placed on land, such as houses, commercial buildings and agricultural buildings. Personal property includes all other property, such as cars, boats, clothing, stocks, bonds and personal items.

How long does probate take?

Probate can be started immediately after death and takes a minimum of four months. If the estate includes property that takes a while to sell, or if there are complicated tax or other matters, probate can last much longer. A small estate proceeding cannot be filed until 30 days after death and is complete upon filing.

What are the costs involved?

Under Oregon law, a personal representative is entitled to a fixed percentage of the value of the total estate. Extra costs may be approved by the court for the personal representative and a lawyer, if the estate is complicated. Other costs include court filing fees, legal notices published in the local newspaper and any other necessary expenses. Lawyers generally charge an hourly rate for their services.

Does probate mean more taxes?

No. Probate does not affect taxes that must be paid. These amounts are based on the total assets that you own at the time of your death.  There are federal estate taxes as well as taxes due to Oregon. These amounts change frequently as Congress and our state legislature determine the amounts. Check with your attorney or advisor for details.

Do I need a lawyer?

Probate in Oregon involves a good deal of paperwork that must be filed in a timely manner. To achieve the results you want, probate should be handled with an understanding of the legal principles involved. A probate lawyer can help you avoid the many possible tax traps and other problems that could arise. Also, a lawyer can help you prepare and file the legal documents and prepare you for hearings in court.

Legal Editor: Don Johnson

Georgia probate judges are there to ensure that estates are settled legally, especially in cases where there is no will. When someone dies, their estate is transferred to probate court and an executor oversees the distribution of assets. Executors are usually family members, but they can be anyone over the age of 18 who is determined to be trustworthy and objective.

The probate judge determines the validity of wills and ensures that all relevant parties have been duly notified of a death and are present for settling the estate. The executor oversees the fair distribution of assets and sees that creditors are paid.

Not all estates need to go through probate, and some assets, like homes with a joint tenancy, are automatically passed to the appropriate heir. An estate planning specialist, such as Paul Black from The Law Office of Paul Black L.L.C can help.

Georgia Probate Court Rules

There is a set of complex Georgia probate court rules, as there is in other court systems. These rules are outlined in the UNIFORM PROBATE COURT RULES provided by the Council of Probate Court Judges of Georgia.

One of the main Georgia probate court rules is that an executor or an attorney hired by the estate will work with the probate court. Georgia probate court may appoint an executor if there’s absolutely no executor or the executor can’t or will not function, according to the Official Code of Georgia section 53-6-20. The court may also appoint a guardian for the deceased’s children who were left without a parent. The deceased person may have named a guardian in his or her will, but if there is no guardian or the named guardian can’t or won’t take the children, the court will step in.

A second critical Georgia probate court rule is that one of two forms of probate must be chosen. Solemn form probate requires that the executor give notice to everybody who might have an interest in the will, and it becomes binding when the property is closed. Common form probate doesn’t need any notice sent following the naming of the executor, but it doesn’t become binding for up to four years. This provides parties a chance to contest the decision.

Other Georgia Probate Court Rules

Another rule relates to the deceased person’s safe deposit box. Any person may file a Petition to Enter Safe Deposit Box with the probate court when they believe that the deceased’s will may be in the individual’s safe deposit box. This must happen before probate starts.

If the request is granted, the safe deposit box may be opened by the bank. The bank must record any will and give it to the court, and they must give any insurance policies directly to the beneficiaries. Until the Georgia probate court appoints an executor, everything else stays in the safe deposit box.

There are quite specific guidelines for filling out Georgia probate forms, as well. Those are outlined here by the Council of Probate Court Judges of Georgia. To determine which forms are necessary depending on the specific circumstance, an attorney from The Law Office of Paul Black L.L.C. can help.

There are quite specific guidelines for filling out Georgia probate forms, as well. Those are outlined here by the Council of Probate Court Judges of Georgia. To determine which forms are necessary depending on the specific circumstance, an attorney from The Law Office of Paul Black L.L.C. can help.

When Is Georgia Probate Necessary?

Probating an estate in Georgia usually involves these three steps:

1. Gathering all the assets of the deceased person’s estate, including money, investments, bank accounts, real estate, and other property.
2. Paying off the debts and taxes owed by the estate.
3. Distributing the remaining assets to the heirs.

The specific way these steps are accomplished can differ, depending on the size of the estate, whether or not the deceased person was married, and whether or not there is a will.

Georgia Probate When There is a Will

There are four possible types of probate when there is a will:

1. Solemn Form Probate:
   When the heirs are known and present, this form is used for the immediate conclusion of the estate.
   
2. Common Form Probate:
   This is filed by the executor when all heirs are unknown and are inconclusive for up to four years following public notice of a death.
   
3. Probate of Will in Solemn Form/Letters of Administration with Will Annexed:
   This type of petition is filed when the executor named in the will is unable or unwilling to carry out the duty, and names a new administrator (usually by agreement of a majority of the heirs).
4. Will Filed Not for Probate:
   If there is no property to distribute to heirs, the will is filed with the court to create a permanent record, but no probate is carried out. There is no fee for this filing.

Georgia Probate When There is No Will

When a person dies without a will (“intestate”), there are three possible proceedings:

1. Permanent Administration:
   Notice to all heirs is required. The spouse or sole heir becomes the administrator unless they decline or are disqualified; otherwise, the administrator is chosen by a majority of the heirs.
2. Temporary Administration:
   Notice to heirs is not required, but heirs may choose an administrator, who compiles the estate inventory. No expenditures or disbursements are made without a court order.
3. No Administration Necessary:
   If all the estate’s debts are paid, no other administration is needed, and all heirs agree to the division of the estate, this is the form of probate used.

Other Georgia Probate Petitions

There are also petitions that may be filed whether there is a will or not:

1. Year’s Support:
   Filed on behalf of surviving spouse or minor children to set aside a specified part of the estate for their support, before payment of unsecured debts or any distribution under a will.
2. Petition to Enter Safe Deposit Box:
   Filed when it is believed that the deceased person’s will is in a safe deposit box. If there is a will, the bank is required to deliver it to the probate court and to deliver any insurance policies to the beneficiaries. Burial instructions and any deeds to burial plots may be removed; all other items remain in the box until an executor or administrator is in place.

The Georgia courts have worked hard to streamline the process to make it easier on grieving families, and it is legal to handle probate without an attorney.

If you choose to go through probate without an attorney, you’re responsible for obtaining information to help you make the right decisions. That mean knowing which forms you need, completing the forms, handling the filing fees, and understanding the possible outcomes of your decisions. Getting it wrong can cost time and money.

The Dekalb County probate office staff and the Dekalb County probate judges are limited by law in the assistance they can provide. They can answer questions about the types of forms, filing deadlines, and fees, but cannot give you any advice on how to proceed. They also cannot complete forms for you or make copies.

The Law Office of Paul Black can advise you during any part of the probate process in Dekalb County. While it is best to handle estate planning and draw up a will ahead of any need, we understand that life can take unexpected turns. Even if you do not have a will, we can assist you with filing the correct Dekalb probate forms.

Georgia Probate Law Defined

Georgia probate laws are designed to ensure fair distribution of property when someone dies.

If there is no will, the heirs will appoint an administrator to oversee the inventory, distribute assets, and perform other duties. The probate judge decides if the existing will is valid, makes sure that any debts are paid, and determines if all possible heirs have been notified under Georgia probate law. Any monetary assets of value left after the discharge of debts and taxes are divided among the heirs or released to the beneficiaries named in the will.

An estate attorney, such as Paul Black from The Law Office of Paul Black L.L.C. can help shed light on the process.

GA Probate Court and the Personal Representative

One hindrance to distributing an estate in probate is when there’s no administrator or executor named. In these cases, one must be appointed. If someone is named by the decedent as an executor, also known as a personal representative (PR), this person must take charge of settling the estate at probate.

If the PR is unwilling or unable to discharge their duties, family members must elect a trustworthy person over the age of 18 to handle the administration. The probate court judge can also appoint an administrator.

The duties of the executor or administrator include the following:

• Posting a bond to protect the assets if the administrator proves incompetent
• Collecting, safeguarding, and making an inventory of all assets
• Having assets valued by a professional appraiser
• Paying all legitimate debts and taxes on behalf of the estate
• Distributing remaining assets according to the terms of the will or Georgia state law

The Law Office of Paul Black L.L.C. can help explain the duties of a personal representative and offer additional counsel.

Georgia Probate Laws and Succession

The portion of Georgia state law that governs probate and estate matters is Georgia Code Title 53. Wills, Trusts, and Administration of Estates § 53-2-1. This code outlines legal terminology used in Georgia probate matters and lines of succession for inheritance.

According to Georgia law, half-siblings who are children of the decedent are considered equal in matters of inheritance, as are children born after the decedent’s death but conceived prior.

Spouses are first in line to inherit and cannot be disinherited under Georgia law. All other assets outside of the first $200,00 of net estate value plus 3/4 of the remaining assets go to children, parents, siblings, and other relatives, in that order.

Georgia has no separate estate tax. For questions about a Georgia estate matter, talk to an attorney at the Law Office of Paul Black.

Probate is the process of recognizing a person’s death and winding up their estate.

The process can be simple or complicated, depending on the size of the estate and its complexity.

However, many people who are not lawyers can quickly become overwhelmed by the process and need professional help. Below is a general summary of the Texas probate process.

Identify the Estate

A person’s estate is made up of everything they owned at the time they died. This can include:

• Real estate
• Cash
• Personal property, such as vehicles, boats, art, jewelry, books, etc.
• Retirement accounts
• Life insurance policies
• Investment securities like stocks and bonds

Texas probate law requires that all estate assets are gathered and that the deceased person’s remaining debts get paid out of those assets. Only after all debts have been paid can the estate’s assets be distributed according to a will or, if there is no will, according to Texas intestate succession laws.

Some estate assets do not pass through the probate process. For example, any life insurance policy or retirement account with a named beneficiary will pass to the beneficiary outside probate. The beneficiary should contact the company which issued the policy to discuss what paperwork they should fill out.

Also, any property held in joint tenancy with right of survivorship or community property with right of survivorship does not pass through probate, either. Instead, the deceased person’s interest in the property vanishes at death, leaving the other joint owner the sole owner.

If the deceased created a trust, then trust assets are not part of the estate, either. The trustee named in the trust will distribute assets to named beneficiaries.

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Starting the Probate Process—Dying with a Will in Texas

Probating a will in Texas starts with someone filing an application with the probate court. Texas probate law requires that the application contain basic information, including the date of death, the deceased’s address, and the identities of heirs. You also submit a copy of the will to the court. The county clerk will post a notice at the courthouse informing the public that someone has filed an application for probate. After a two week wait, you can have a hearing before the probate judge.

At the hearing, the judge will determine whether the person named executor in the will is qualified to serve. This person is responsible for gathering all estate assets, safeguarding property, paying debts, and finally distributing assets. If the deceased did not have a will, then the judge will need to appoint someone to serve as the executor. Most probate courts require that executors have an attorney representing them because an executor owes a duty to all beneficiaries and heirs. Even if this is not a court requirement, it is an excellent idea.

The probate judge must also determine the validity of the will. Texas probate law requires that wills meet certain formalities, and the judge will deny a will if it is deficient. If the judge admits the will into probate, then the executor will be issued Letters Testamentary, which the executor needs when winding up the deceased’s financial matters.

Collecting Property

The executor needs to identify all estate property, which can be time consuming. The executor will need to go through their papers and identify all financial accounts and identify whether someone owed the deceased money. The executor must also safeguard all property so that it does not become damaged or that no one steals it.

After the executor has gathered all property, he or she must file an inventory of all assets with the probate court. The executor has 90 days from the date of appointment to provide this inventory. Some assets might also need to be appraised, such as jewelry, property, etc. A good rule of thumb is that anything you would not sell in a garage sale should be professionally appraised.

Paying Creditors

Most people have some bills, no matter how small—utility bills, credit cards, cell phone charges, etc. These must be paid off with assets from the estate. However, sometimes, the deceased owes considerable sums to people. Because creditors are entitled to payment, you must notify them of the death. Your lawyer will file a Notice to Creditors, which will identify the executor and provide their lawyer’s address. It should also provide a deadline to creditors for filing a claim with the estate for payment. This notice is published in a local newspaper.

Not all creditors are treated equally. Instead, Texas probate law classifies them into different classes. For example, the legal fees for any attorney the executor retains will be paid first. This ensures that executors have competent legal representation during the probate process.

If the estate has sufficient cash, then paying creditors is generally easy. However, if the bills are large and there is not enough cash, then the executor will need to sell estate assets to generate the funds necessary to pay bills. Selling assets is tricky, because a beneficiary might be waiting to inherit the item you sell. A lawyer is definitely helpful at determining which assets to sell while treating all beneficiaries fairly.

Court Supervision

If the deceased had a will, then most executors will be appointed as an Independent Executor. This means that they do not need the court’s permission before taking certain steps, such as paying creditors or selling estate assets. They also do not need to post a surety bond. An independent administration should be easier and less expensive.

Conversely, when someone dies without a will then the Texas probate process is “dependent,” meaning supervised by the court. The executor will need permission before taking any step in the probate process. Helpfully, Texas probate law section 145 allows the court to create an independent administration if all heirs agree.

Probate Disputes

Disputes can crop up in the probate process. For example, there might be a dispute about who should serve as executor. Family members might think the person named is not fit to serve, or the deceased might not have left a will so several people fight over who can serve in this capacity.

Sometimes, disputes arise over whether a will is authentic or whether the will represents the deceased person’s wishes. Someone might challenge the will for a variety of reasons, such as the deceased lacked mental capacity to create the will or they were defrauded when drafting the will. A judge will need to hear testimony and review evidence. If a will is set aside, then a prior will might take effect, or the estate might need to be distributed according to the state’s intestate succession laws.

Distributing Assets

The final step in the probate process if for the executor to distribute the assets according to the will. The executor must coordinate with the beneficiaries to determine how they will take the assets.

In some situations, an executor will sell assets so that the beneficiaries receive money. The executor will need to coordinate these sales. Depending on the assets sold, the estate might owe state and federal taxes, which the executor must pay.

Speak with a Dallas Probate Attorney

This is only a general overview of the probate process. Probating a will can be a complicated process, and executors must discharge their duties with a high degree of accuracy and fairness. Most executors find they need help when probating a will in Texas. Please contact an experienced probate attorney at Lindquist Wood Edwards LLP today. To schedule your consultation, please call 214-760-6893.

Probate means proving someone’s last will and testament. Traditionally, probate is the process of starting the court proceedings so that someone may be appointed as personal representative of an estate. It is often the first step in administering an estate after someone has passed away.

It may be helpful to hire a Maryland probate lawyer as soon as possible after the loss of a loved one. In the event that the decedent has worked on planning their estate with an attorney prior to their death, an individual may go back to that attorney or may choose to seek a new attorney.

WHAT IT MEANS TO AVOID PROBATE

Avoiding probate generally means that no assets are passing through the probate administration procedure, and therefore, the last will and testament, if one has been created, or laws of intestacy do not govern any assets.

Typically, when someone passes away, their assets pass in four ways. The first way assets pass is according to the beneficiary designation. For example, life insurance policies and retirement assets often name an individual that is automatically entitled to receive the assets at the death of the owner. The second way assets pass is according to the ownership of the asset or titling of the asset. For example, often, a married couple owns their residence as tenants by the entirety. Tenants by the entirety is a type of ownership that allows the residence to pass by operation of law to the surviving spouse. The third way assets pass is according to trust provisions if they have been pre-funded into a trust. Any assets in the decedent’s sole name at the date of death without a joint owner or named beneficiary pass according to the last will and testament and are subject to probate.

Many individuals mistakenly think that their last will and testament governs all of their assets regardless of titling or beneficiary designation. Where individuals name beneficiaries or joint owners on all of their assets without coordinating with their overall estate plan, the result could be an illiquid estate or unintentional beneficiaries.

PROBATE AVOIDANCE PLANNING IN MARYLAND

For some clients, avoiding probate is a priority. However, probate—especially in the state of Maryland—is fairly streamlined and usually not an onerous process. There are multiple ways to avoid probate if that is a concern, but it may be helpful to discuss your wishes with an attorney so that so that the attorney can review the entire estate plan as a whole in light of your family dynamics, other goals, and the nature and titling of the assets.

HOW AN ATTORNEY HELPS IN THE PROCESS

A Maryland probate attorney can assist a client during the estate planning process to determine if there is a way to create an estate plan to avoid probate and whether or not avoiding probate is beneficial. These decisions need to be made carefully and deliberately. After someone has passed away, the option to avoid probate is usually not available.

WHY A PERSON SHOULD NOT AVOID PROBATE

The question of avoiding or not avoiding probate is a decision that should be made on a case-by-case basis. An attorney can often assist with reviewing the nature of an individual’s assets, family dynamics, overall goals, estate tax exposure, and any number of factors to determine whether avoiding probate is possible and advisable.

There are pros and cons to the probate administration procedure. For example, if an individual owns real estate in multiple states, it may be cost and time effective to plan to avoid probate in multiple jurisdictions. In addition, avoiding probate may allow an individual that has concerns regarding privacy to keep his or her wishes for the distribution of his or assets at death from becoming part of the public record.

However, probate can also allow for the abbreviating of the creditors period, and unknown creditors or heirs to come forward within a proscribed time period. In addition, probate can allow for some court oversight and transparency throughout the administration process.

DISADVANTAGES OF AVOIDING PROBATE

One of the advantages of the Maryland probate process is that it begins at the start of the creditors’ period, which can shorten the statute of limitations to file a claim against the estate. It also allows some courts supervision over the named Personal Representative. For many estates, it forces a Personal Representative to check in with an attorney or check in with the courts to learn about the other deadlines that may be plaguing the estate—such as estate tax deadlines, income tax filing deadlines, or other deadlines that may not be necessarily related to probate—but it does often force someone to speak with a professional regarding the administration of the estate.

LIVING TRUSTS AND ROLE IN MARYLAND PROBATE PROCESS

A revocable living trust is a trust that is established and funded during the lifetime of a person. It is usually revocable and completely amendable while the creator, called a settlor, is alive and maintains required capacity. During the lifetime of the settlor, the assets of the trust are often used for the support of the settlor. Assets that are pre-funded into a revocable living trust typically pass outside of the probate process, and pass instead, according to the trust provisions.

Assets that have been funded into a living trust during the lifetime of the settlor pass outside of the probate administration proceeding. However, many non-probate assets are still considered part of a decedent’s gross taxable estate for estate tax purposes. A common misunderstanding is that assets of a revocable living trust are not subject to estate tax. For example, a person who dies with real estate in his sole name with a value of $100K, and a revocable living trust with assets that are valued at $2.5 Million, has a probate estate of $100K, but may have a gross taxable estate of $2.6 million.

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• If you have another list that you wish to add it to your campaign you can add it at no extra cost, our postcardss designed to work for any real estate campaign.
• Send Postcards twice a month & expect your phone to ring!

Here is the letter sample that is scheduled to go out on the 20th of each month. It will cost you 45 cents each. It is very effective and we have used it for over 26 years.

To get on this campaign and send your postcards at 45 cents each, please call SuccessorsData.com at:

(909) 315-5330
or send us an email at
[email protected]

Here is how your letters or postcards will look like and you can send it at 50 cents. It will work both for Investors and Realtors.

Here is a postcard sample for investors…..again, 45 cents each! 

Investors’ postcard sample idea.

If you want us print your picture here is what we recommend, please email us a high-resolution picture. NO HIGH SCHOOL OR DRIVER LICENSE PHOTOS OR SELFIES!….Please have a professional photographer take your picture and then send us the digital file….Personally, I went to the mall and paid a photo studio $80 for two high-resolution headshots of me, which included further editing. As you can see even I can look good with a professional photographer.

If you wish to download this postcard just click on the link  click here>>>

Realtor White Postcard Sample.

Here is how your “100% Automated Direct Mail Campaign” looks like:

Best Value Package for Investors or Realtors to start:

• 100% full automation of your data and mailing campaigns.
• Reach 500 heirs of real estate properties twice a month with your selected property types and zip codes.
• We send 500 postcards at 45 cents each on the 5th with your info.
• We send 500 letters at 45 cents each on the 25th with your info.
• By sending letters and postcards twice a month as we give you new data you increase the return on your investment.
• Including your data cost of $99 per month.

All for $549 a month!

Also, includes new updates twice a month, your mailing list varies each time to reach more estates. We remove the sold properties once a month from your list and replace them with new properties to contact. No contract, no setup fee, and cancel anytime.

You may add your other lists of “Motivated Sellers” to your campaign and save time & money.

Call now at (909) 315-5330  or  emails us at [email protected]

If you wish to learn more about the real estate opportunities available through the inheritance property niche market, please click to watch this short video.

If you are not a customer yet, please click on the image below to create a free account and see a list of 500 recent POSTED & SOLD properties. You will not find this Data anywhere else!

Here is why we created this tool.

At Successorsdata.com our “Ownership” information data field is usually in the following order:

Last Name,  First Name, Middle initial and Suffix

The second reason is, we post up to ten inheritance properties belonging the same heirs in the state they live. Therefore to send only one letter at any giving time to an estate is it easier for the tool does.

You also have the option of only correcting the name and to leave all your records intact.

Here is how you download the “Ownership Correction & Duplicate Removal Tool.

Please note if your computer gives you a warning message disregard it, it is absolutely safe and the tool is virus FREE.

Just in a case you did not recognize the download button here is what you will see and need to click on the link to download.

One more tip, place the Ownership Correction Tool and your data in the same folder, the exported file will be generated and also placed in the same folder.

Need any help, please send us an email  to

[email protected]

or call us at 909-315-5330

For more ideas to help your business please also visit our other products.

There are many different ways to contact the heirs of the estate and here are some.

Door knocking – It is a very effective method if it is done right. Best ways we have round to work is that you knock on the door with an excuse or reason to contact the individuals.

If you are a realtor, you may want to take a list of properties that are for sale in the area with you and here is how you can start a conversation.

When you know on the door, always step back 10 feet to make the person who opens the door comfortable and always have a big smile.

Let’s begin:

Knock, Knock.

Hi, My name is “__” I am in real estate talking to neighbors to see if anyone want to buy or sell properties. by any chance do you know of any of the neighbors who want to sell their property?

(They probably will say no…)

(Smile) and say You folks been here for a long time?

If you were to move where would you move to next?

When would that be?

Be ready for them to say, “As a matter of fact we are not from here, we came here because my “___” was not doing too good unfortunately he/she passed away a couple of months ago and yes we might be interested in selling the property.

Cold Calling — Another effective way of contacting the heirs.

At SuccessorsData.com we provide the phone numbers to the probate or trust-owned properties

Some of the subscribers use auto dialers to call the numbers for them services like Mojosells.com or phone burners. In any case here is the best way to start the conversation.

Hi My name is “___” I am in real estate, would you consider selling your property located in the city of “__”?

You folks been here for a long time?

If you were to move where would you move to next?

When would that be?

You can see it is the same set of questions to ask whether you call by phone or you are talking to them in person.

Direct Mail — Finally, contacting through the direct mail is another effective way to contact the heirs.

Here are the key points to remember about direct mail.

Never mention anything of a personal nature. “I am sorry for your loss…Would you please forward my letter to the person in charge of the estate.”

What you have to remember, is the fact that direct mail is a campaign and not just one time even. Therefore keep the conversation only about real estate, because this is the only way you can contact someone multiple times without shifting their attention to the person who passed away from the real estate property that you are after it to list or purchase.

In all reality it gets old to contact someone every couple of weeks and to say “I am sorry for your loss, but would you consider selling your property?”

The key to a successful direct mail campaign is to be persistent. We recommend two contacts a month and at least for 6 months as the heirs are trying to sort out their real estate options.

Think of a direct mail campaign as you handing out your business cards twice a month saying you are in real estate and you can help resolve the sale of the property they might consider selling.

If direct mail is the option you have in mind you can use the “Automated Mailing Campagain” at SuccessorsData.com

 Tech-savvy agents are teaming with data companies that use sources like obituaries and grocery purchases.

“Morry Eghbal, the founder of the website Successors Data, says the 3-year-old company, based in Rancho Cucamonga, Calif, is nearing 1,000 paid subscribers at $99 a month. The company scours title company records for estates of deceased homeowners that are likely to enter the probate-court process, or those that are sold through living trusts, as well as obituaries nationwide to find potentially motivated sellers.

Mr. Eghbal says the leads are worth pursuing, because relatively few agents are aware of the strategy, and many of these homes are paid in full. “There is a big difference between ‘I want to sell’ and ‘I have to sell.”

Published on Wall Street Journal.

How to use “Direct Mail” to get Probate and Trust listings?

Direct mail is still the best method of getting probate or trust inheritance property deals both for Realtors and Investors. It is because many of the properties are vacant and the heirs place a change of address at the post office to redirect the mail of the deceased to their own mailing address. That means you almost have to write a solicitation letter hoping it gets forwarded to the right person, as many do.

Here are a few suggestions for a successful mailing campaign:

When you contact the heirs, please never mention you know someone passed away, or  that you are a probate or estate specialist, and/or that of any designation that has to do with Probate or Estate Planning. Please do not do that…follow our example.

Send a letter that you can send to your neighbor without any reservation any day of the year. Heirs need realtors and investors and they are interested to know what their property is worth. If you enter from the right door, you’ll get a call like this.

“Hi Steve, I received a couple of letters about my father’s property at 12140 Desert Peak Rd in Boston from you. I don’t know if you know, but my father passed away a couple of months ago.  My family and I have decided to sell the property. I am in charge of the estate and the property is in a living trust. I am going to fly down there this weekend and I would appreciate it if you could tell us what we can get for the house? I take it you know the area very well from your letters.”

What would Steve say?

“Oh, I am sorry about your loss, sure I would be more than happy to help you with that, could you please tell me a little more about the property so I can prepare you a detailed market evaluation for our meeting…”

  Again, we show you how? But first, learn more about our data with this short video.

If you believe in helping heirs to sell their just inherited properties easier and fastger, than SuccessorsData.com is for you.

On the next blog post, I will share with you, how to manage your mailing list campaign for maximum results.

For more questions or to schedule an online demo of our data in your zip codes, please contact us at 909-315-5330.

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