Top Wilmington, DE Probate Lawyers Near You

Probate Lawyers | Wilmington Office

300 Delaware Avenue, Suite 1100, Wilmington, DE 19801

Probate Lawyers | Wilmington Office

222 Delaware Ave, Suite 1105, Wilmington, DE 19801

Probate Lawyers | Wilmington Office

1001 Jefferson Plaza, Suite 202, Wilmington, DE 19801

Probate Lawyers | Wilmington Office

824 N. Market Street, Suite 710, Wilmington, DE 19801

Probate Lawyers | Wilmington Office

1313 North Market Street, Suite 1200, Wilmington, DE 19801

Probate Lawyers | Wilmington Office

222 Delaware Ave, Suite 1410, Wilmington, DE 19801-1621

Probate Lawyers | Wilmington Office

123 S Justison Street, Suite 100, Wilmington, DE 19801

Probate Lawyers | Wilmington Office

4023 Kennett Pike, Suite 165, Wilmington, DE 19807

Probate Lawyers | Wilmington Office

222 Delaware Avenue, Suite 1101, Wilmington, DE 19801

Probate Lawyers | Wilmington Office

Renaissance Centre, 405 N. King Street, 8th Flr., Wilmington, DE 19801

Probate Lawyers | Wilmington Office

1000 N. West Street, Suite 1200, Wilmington, DE 19801

Probate Lawyers | Wilmington Office

300 Delaware Ave, Suite 1015, Wilmington, DE 19801

Probate Lawyers | Wilmington Office

920 North King Street, Wilmington, DE 19801

Probate Lawyers | Wilmington Office

1201 North Market St, 16th Floor, Wilmington, DE 19899

Probate Lawyers | Wilmington Office

500 Delaware Avenue, Suite 1500, Wilmington, DE 19801-1494

Probate Lawyers | Wilmington Office

500 Delaware Avenue, Suite 1410, Wilmington, DE 19801

Probate Lawyers | Bear Office | Serving Wilmington, DE

30 Fox Hunt Drive, Unit 30, Fox Run Shopping Ctr, Bear, DE 19701

Probate Lawyers | Wilmington Office

600 N King St, Suite 901, Wilmington, DE 19801

Probate Lawyers | Wilmington Office

919 North Market St, Suite 1500, Wilmington, DE 19801

Probate Lawyers | Wilmington Office

1 Righter Pkwy, Delaware Corporate Center 1, Suite 130, Wilmington, DE 19803

Probate Lawyers | Wilmington Office

2961 Centerville Road, Suite 350, Wilmington, DE 19808

Probate Lawyers | Wilmington Office

1105 North Market Street, Suite 600, Wilmington, DE 19801

Probate Lawyers | Wilmington Office

1000 N. West St, Ste 1200, Wilmington, DE 19801

Wilmington Probate Information

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Lead Counsel independently verifies Probate attorneys in Wilmington and checks their standing with Delaware bar associations.

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  • Ample Experience Attorneys must meet stringent qualifications and prove they practice in the area of law they’re verified in.
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Find a Probate Attorney near Wilmington

Understanding Probate

When an individual dies leaving a will, the legal process that takes place is called probate. Probate refers to how an estate is administered and processed through the legal system.

Probate Lawyers

The probate process can be confusing and overwhelming considering the circumstances. A Wilmington probate lawyer will help with the management of the decedent’s estate, any trusts he or she may have as well as any guardianships or conservatorships in question.

Probate cases often become very detailed and a probate lawyer will help ensure the rights of the deceased are fully protected. Attorneys also have the sensitivity to family dynamics and are knowledgeable in common problems with probate cases.

What is probate?

Probate is the process through which assets from a deceased person’s estate are transferred to beneficiaries, such as spouses, children, and other loved ones. In plain terms, reading a person’s will and distributing the items contained in it is part of the probate process. In some states, probate courts also handle matters related to guardianships and conservatorships of children or disabled adults.

What happens if you don’t do probate?

Without an estate plan in place, the probate process will often still go forward, but it can get messier. Someone who dies without a will in place will often have their assets given to any survivors, even if that would have gone against their wishes. Court battles can unfold among relatives who feel like they deserve more.

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.

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.

When to Hire a Lawyer

It is in your best interest to get legal help early on in addressing your situation. There are times when hiring a lawyer quickly is critical to your case, such as if you are charged with a crime. It may also be in your best interest to have a lawyer review the fine print before signing legal documents. A lawyer can also help you get the compensation you deserve if you’ve suffered a serious injury. For issues where money or property is at stake, having a lawyer guide you through the complexities of the legal system can save you time, hassle, and possibly a lot of grief in the long run.

How to Prepare for Your Initial Consultation

Prepare for your consultation by writing down notes of your understanding of the case, jot down questions and concerns for the attorney, and gather your documents. Remember that you are trying to get a sense of whether the attorney has your trust and can help you address your legal issues. Questions should include how the attorney intends to resolve your issue, how many years he/she has been practicing law and specifically practicing in your area, as well as how many cases similar to yours the attorney has handled. It can also be helpful to broach the subject of fees so that you understand the likely cost and structure of your representation by a specific attorney and/or legal team.

Types of legal fees:

Bill by the hour: Many attorneys bill by the hour. How much an attorney bills you per hour will vary based on a number of factors. For instance, an attorney’s hourly fee may fluctuate based on whether that hour is spent representing you in court or doing research on your case. Attorneys in one practice area may bill you more than attorneys in a different practice area.

Contingent fee: Some lawyers will accept payment via contingent fee. In this arrangement, the lawyer receives a percentage of the total monetary recovery if you win your lawsuit. In sum, the lawyer only gets paid if you win. Contingent fee agreements are limited to specific practice areas in civil law.

Flat fee: For “routine” legal work where the attorney generally knows the amount of time and resources necessary to complete the task, he/she may be willing to bill you a flat fee for services performed.

Common legal terms explained

Plaintiff – a person or party who brings a lawsuit against another person(s) or party/parties in a court of law. Private persons or parties can only file suit in civil court.

Judgment – A decision of the court. Also known as a decree or order. Judgments handed down by the court are usually binding on the parties before the court.

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