Top Wilmington, DE Probate Lawyers Near You

Probate Lawyers | Wilmington Office

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

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

300 Delaware Ave, Suite 1015, Wilmington, DE 19801

Probate Lawyers | Wilmington Office

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

Probate Lawyers | Centerville Office | Serving Wilmington, DE

5721 Kennett Pike, Centerville, DE 19807-1311

Probate Lawyers | Wilmington Office

919 North Market Street, Suite 1300, Wilmington, DE 19801

Probate Lawyers | Wilmington Office

1201 N Market St, Suite 1400, Wilmington, DE 19801

Probate Lawyers | Wilmington Office

1007 N Orange St, 4th Floor, Wilmington, DE 19801

Probate Lawyers | Wilmington Office

3711 Kennett Pike, Suite 100, Wilmington, DE 19807

Probate Lawyers | Wilmington Office

1201 N. Orange Street; Suite 500, PO Box 289, Wilmington, DE 19899

Probate Lawyers | Wilmington Office

1521 Concord Pike, Suite 202, Wilmington, DE 19803

Probate Lawyers | Wilmington Office

1925 Lovering Avenue, Wilmington, DE 19806

Probate Lawyers | Wilmington Office

1007 N Orange St, Suite 1120, Wilmington, DE 19801

Probate Lawyers | Wilmington Office

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

Probate Lawyers | Wilmington Office

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

Probate Lawyers | Wilmington Office

920 North King Street, Wilmington, DE 19801

Probate Lawyers | Wilmington Office

1000 N. West Street, Suite 1500, Wilmington, DE 19801-1050

Probate Lawyers | Wilmington Office

1201 North Market Street, Suite 1500, Wilmington, DE 19801

Probate Lawyers | Wilmington Office

1201 King Street, Suite B, Wilmington, DE 19801

Probate Lawyers | Wilmington Office

300 Delaware Avenue, Suite 1010, Wilmington, DE 19801

Probate Lawyers | Wilmington Office

405 North King Street, Suite 500, Wilmington, DE 19801-3700

Probate Lawyers | Wilmington Office

1201 N. Market Street, Suite 2201, Wilmington, DE 19801

Probate Lawyers | Wilmington Office

1201 N. Market Street, Suite 2300, Wilmington, DE 19801

Probate Lawyers | Wilmington Office

704 King Street, Suite 500, PO Box 1031, Wilmington, DE 19801

Wilmington Probate Information

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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.
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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.

Top Questions to Ask a Lawyer

  • What is the usual process to resolve my case? How long will it take to resolve this?
  • What are likely outcomes of a case like mine? What should I expect?

An experienced lawyer should be able to communicate a basic “road map” on how to proceed. The lawyer should be able to walk you through the anticipated process, key considerations, and potential pitfalls to avoid. Once you’ve laid out the facts of your situation to the lawyer, he/she should be able to frame expectations and likely scenarios to help you understand your legal issue.

Does firm size matter?

For most consumer legal issues, the size of the practice is much less important than the experience, competence, and reputation of the attorney(s) handling your case. Among the most important factors when choosing an attorney are your comfort level with the attorney or practice and the attorney’s track record in bringing about quick, successful resolutions to cases similar to yours.

Common legal terms explained

Pro se – This Latin term refers to representing yourself in court instead of hiring professional legal counsel. Pro se representation can occur in either criminal or civil cases.

Statute – Refers to a law created by a legislative body. For example, the laws enacted by Congress are statutes.

Subject matter jurisdiction – Requirement that a particular court have authority to hear the claim based on the specific type of issue brought to the court. For example, the U.S. Bankruptcy Court only has subject matter jurisdiction over bankruptcy filings, therefore it does not have the authority to render binding judgment over other types of cases, such as divorce.

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