Things to bring to the probate attorney
This guide outlines what documents are suggested to bring to the appointment with the probate attorney, in order to allow them to assist you in a efficient and proficient manner. Handling the estate of a loved one is emotional and draining but probate attorneys are skilled at handling estates.
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1. Death Certificate
It usually takes between 2-4 weeks to obtain a death certificate from the county. You certainly are not required to wait until you obtain a death certificate before you go see the probate attorney, but one will be required in order to complete the paperwork for the Court. Generally, the law office will retain at least one original death certificate. -
2. Banking Information
Gather and bring with you a copy of each statement of the decedent. The most recent statement will suffice. This includes checking, savings, IRA, CD, and credit union accounts. -
3. Retirement statement
Most retirement benefits will end upon the death of the decedent but this not always the case. It is prudent to bring any retirement information with you to the appointment with the probate attorney so they can determine if any benefits remain or will continue to the beneficiaries. -
4. Address book
Bring you address book for the relatives of the decedent. It may be required to provide notice to relatives (even if they are not named in the will or trust). The court requires that they receive notice at the last known address. This is usually the most difficult information to provide to the attorney, but nonetheless, its a constitutional requirement. -
5. Original Will and/or Trust
This probably goes without saying, but bring the original will or trust to the attorney. The California Probate Code requires that a will must be deposited within 30days of death. If you have exceeded this time frame do not delay in contacting your probate lawyer. -
6. List of Assets
The probate attorney will have to inform the court what assets were owned by the decedent at the time of death. Any and all information you can find regarding the assets will be helpful to the attorney. This may include deeds, property information, financial planner contact information, and other documents. -
7. If it looks important it most likely is
When you are gathering information to bring with you to the probate attorneys office, the general rule is - "if it looks important it generally is." It better to bring more that you need than have to run home and get things you forgot.
