Probate Lawyer Memphis, TN

Probate Lawyer Memphis, TNProbate can seem like a complicated process, but it doesn’t have to be. Finding yourself in these circumstances can be a stressful and confusing time, so it’s important to have an experienced probate attorney on your side who can help guide you through the process.

To help answer some of your questions about the probate process, we’ve compiled a list of some common questions with answers from our probate lawyer Memphis, TN at Patterson Bray PLLC.

What is probate?

Probate is an administrative process that distributes a deceased person’s estate. It is also the process for resolving disputes that arise as an estate is being distributed.

Every state has its own probate laws, which establish how probates are handled. Probate laws also determine who gets what when the owner of the estate passes away without a will or trust in place. The way you handle probate depends on the type of property involved. Some property must be processed through probate courts and some do not.

What Exactly Does a Probate Lawyer Do?

A probate lawyer in Memphis, TN specializes in wills and estate laws. They help clients create plans for transferring assets after they die. A probate lawyer in Memphis, TN from the law office of Patterson Bray PLLC can review your documents and advise you on whether or not you need to contest a will.

Do I need a lawyer for probate?

You may need a probate lawyer in Memphis, TN to file for probate in most cases. If you’re looking to file an affidavit of heirship — which only applies when an individual has no will, leaving everything to a spouse or child — you can handle it yourself. But if you have any questions or concerns about the process, it’s always wise to seek legal counsel from a probate lawyer in Memphis, TN.

Is Probate Necessary?

The answer is “it depends.” It depends on the size and nature of a person’s estate, as well as whether or not the decedent had a trust. There are alternatives to probate which can be used to administer an estate other than through probate court, such as family settlement agreements or small estate affidavits. However, in some cases, it is necessary to have a probate proceeding to deal with certain issues that cannot be resolved outside the court system.

Is Probate Necessary?

The answer is “it depends.” It depends on the size and nature of a person’s estate, as well as whether or not the decedent had a trust. There are alternatives to probate which can be used to administer an estate other than through probate court, such as family settlement agreements or small estate affidavits. However, in some cases, it is necessary to have a probate proceeding to deal with certain issues that cannot be resolved outside the court system.

What happens if there’s no will?

The deceased person’s assets are divided according to state law for intestate succession, which distributes assets to blood relatives or heirs of the closest degree. The order goes as follows: surviving spouse, children, grandchildren, parents, siblings, nieces and nephews (if none of these, then grandparents), aunts and uncles (if none of these then more distant relatives). If you have any questions about this process and how it relates to your family situation, contact a probate lawyer in Memphis, TN from Patterson Bray PLLC.