Top Wilmington, DE Probate Lawyers Near You
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3801 Kennett Pike, Suite C-204, Greenville, DE 19807
Clients in the Wilmington, Delaware area who need legal help with Probate issues can connect with Law Office of Kevin A. O’Brien.
4023 Kennett Pike, Suite 165, Wilmington, DE 19807
1201 N Market St, Suite 1407, Wilmington, DE 19801
222 Delaware Ave, Suite 1410, Wilmington, DE 19801-1621
222 Deleware Ave, Suite 1710, Wilmington, DE 19801
300 Delaware Ave, Suite 1015, Wilmington, DE 19801
726 Yorklyn Road, Suite 300, Hockessin, DE 19707
1201 North Market Street, Suite 800, Wilmington, DE 19801
112 French Street, Wilmington, DE 19801
2001 Baynard Blvd, Wilmington, DE 19802
222 Delaware Ave, Suite 1030, Wilmington, DE 19801
1001 Jefferson Plaza, Suite 202, Wilmington, DE 19801
222 Delaware Avenue, 7th Floor, Wilmington, DE 19801
123 S Justison Street, Suite 100, Wilmington, DE 19801
1201 N Market St, Suite 1200, Wilmington, DE 19899
Renaissance Centre, 405 N. King Street, 8th Flr., Wilmington, DE 19801
222 Delaware Avenue, Suite 720, Wilmington, DE 19801
824 N. Market Street, Suite 710, Wilmington, DE 19801
Little Falls Centre Two, 2751 Centerville Road | Suite 401, Wilmington, DE 19808
Foulk & Wilson Professional Centre, 910 Foulk Road, Suite 200, Wilmington, DE 19803
1313 Market St, Suite 1000, Wilmington, DE 19801
1313 North Market Street, Suite 1200, Wilmington, DE 19801
222 Delaware Ave, Suite 1200, Wilmington, DE 19801-1050
1201 King Street, Suite B, Wilmington, DE 19801
1201 North Market St, 20th Floor, Wilmington, DE 19801
Wilmington Probate Information
Lead Counsel Verified Attorneys in Wilmington
Lead Counsel independently verifies Probate attorneys in Wilmington and checks their standing with Delaware bar associations.
Our Verification Process and Criteria
Ample Experience
Attorneys must meet stringent qualifications and prove they practice in the area of law they’re verified in.
Good Standing
Be in good standing with their bar associations and maintain a clean disciplinary record.
Annual Review
Submit to an annual review to retain their Lead Counsel Verified status.
Client Commitment
Pledge to follow the highest quality client service and ethical standards.
What Is Probate?
Probate is the legal process of handling a person’s estate after they pass away. During probate, the state identifies the deceased person’s property, assets, and debts, and decides how to distribute these to beneficiaries. A personal representative handles the deceased person’s estate as the executor or administrator. Property and liabilities that can go through probate include:
- Real estate
- Personal property
- Personal debt
- Titled assets
- Bank accounts
- Investment accounts
- Business assets
How Can You Avoid Probate?
If you want your beneficiaries to avoid the hassle of probate, you have several options. You can make sure to name beneficiaries of bank accounts, retirement accounts, and life insurance policies. You could also move your assets to a living trust, which will allow you to access them while you are still alive but will automatically pass to your beneficiaries upon your death.
How Long Does Probate Take?
In a simple case where there are no disputes, and the deceased had a strong plan in place, the probate process of distributing assets and paying off debts may only take a few months to complete. If someone challenges the will or any other part of the estate distribution, it can take much longer.
What Are Some Examples of Situations Where I Might Need a Probate Lawyer?
If a family member or loved one dies, most of their assets will pass through the probate process. You can avoid probate in some states if you have a small estate. With estate planning, you can also avoid probate with a trust. If there are any disputes about who inherits or receives property after death, you should consider a probate lawyer, who can help with:
- Inheritance disputes between family members
- A large estate without estate planning documents
- Resolving multiple wills or a missing will and testament
- Estate tax or inheritance tax reduction planning
How Can a Probate Lawyer Help Me?
After a loved one dies, family members can be at a loss with handling their estate. A probate lawyer can help handle the situation on your behalf. A local probate lawyer is familiar with the probate process in Delaware and can help you understand your options. When you hire a probate lawyer, they can:
- Identify any estate planning documents and beneficiaries
- Help with assets that pass outside of probate
- Transfer real estate and other property to beneficiaries
- Pay off debts and liabilities
- Resolve Delaware and federal tax issues
What Could Happen if I Don’t Hire a Probate Lawyer?
If you don’t hire a probate lawyer, you will have to handle the probate process on your own. There are legal requirements for resolving someone’s estate, including filing requirements and notice deadlines. Without going through the right legal process, the estate could be open to legal claims by creditors or other family members. If you don’t hire a probate lawyer, you could face:
- Delays in distributing assets
- Federal and state estate tax penalties
- Improper title transfers
- Missing or unidentified financial assets
- Inheritance tax penalties
What Questions Should I Ask When Trying To Find a Probate Lawyer in Wilmington?
These questions can help you decide if you feel comfortable and confident that a probate lawyer has the qualifications, experience, and ability to manage your case. Many probate lawyers offer an initial consultation that allows you to understand your options and get specific legal advice before hiring them. The top questions to ask include:
- What is your experience in handling probate cases in Delaware?
- How long will the probate process take?
- What property can you transfer without going through probate?
- How will you keep me informed about updates in my case?
- What happens if someone challenges the inheritance?
- How much do you charge for probate cases?
Tips for Hiring a Probate Lawyer
Take the time to find a probate attorney who is right for you and will represent your best interests. Find someone who understands your case, knows your needs and goals, and has the experience to get the best outcome. Things to do:
- Ask for recommendations
- Research lawyers online
- Schedule consultations
- Review experience and expertise
- Talk about fees and billing
- Trust your instincts