If you are dealing with an estate that has to go through the probate process in Connecticut, your smartest move is likely going to be to work with a Shelton probate lawyer. There are cases where very simple estates will move through fairly easily, but there is still a matter of paperwork, accounting, etc. to consider; and a probate lawyer can save you an incredible amount of time and hassle.
The best way to avoid the need for a probate lawyer in Shelton is to make sure that your estate planning has been done in advance. This means that you’ve set up wills, trusts, and any other applicable legal documents so that those you leave behind won’t have to deal with taking the entire estate through the court system. Trusts, such as a revocable living trust, are one of the most common tools for avoiding probate, but there are some other possible options.
Small Estates
Some people think that having a will means that your estate will bypass the process. Any reputable probate lawyer in Shelton will tell you, however, that this isn’t the case. Having a will is certainly still important, as it provides important directions for the dissemination of your estate, but it doesn’t get your heirs off the hook when it comes to probate.
Even a small estate in Connecticut, meaning $40,000 or less, must go through the probate process, but it is not the same as a full estate. Typically, any assets held jointly by the decedent and another person will not have to go through probate, but there are some exceptions, eso it might be helpful to at least chat with a Shelton probate lawyer to see if the estate qualifies. There are also some simplified court procedures available to heirs of these very small estates.
Transfer-on-Death Deeds
Many states allow for real estate to be transferred after death without going through probate. Again, laws change regularly, so it’s a good idea to check with a Shelton probate lawyer or estate planning attorney to ensure that this is an option for you. This kind of deed needs to be created in advance and will specify that it doesn’t take effect until the owner of the property has died. Fortunately, transfer-on-death deeds can be revoked if the situation changes before the owner passes away. This is not just a “gentleman’s agreement” and requires legal preparation, signatures, and notarization before being filed.
These are just a couple of tools available to those who want to avoid the eventual need for a probate lawyer. If they have not been put into place, or you’re not sure if these rules apply to you, it’s advisable to speak with a qualified attorney in advance.
By working with a reputable Probate lawyer in Shelton, you can make sure that all of these areas are considered and that they fall under the laws and codes of Connecticut. For more information or help getting started, please feel free to call our office at (203) 877-7511 to schedule a complimentary planning session with the mention of this article.
