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What happens in probate when there is no will?

If there is no will, it gets a little more complicated because then we do not know who should be appointed. Unfortunately, what has happened, maybe 5% to 10% of the time when we file for probate, where another sibling will show up wanting to be in charge. This creates two probate petitions, making that initial period of getting someone appointed completely dragged out because we have to fight it out with the other attorney.

The thing about probate is that the attorney and the executor/administrator get paid a percentage of the estate but only the person who is appointed gets paid. Unfortunately, if our client does not get appointed, we do not get paid unless we have a different agreement with them, and the same goes for the other side.

Will the court end up appointing an executor?

Absolutely, the court can come in and appoint a third party.

So we recommend to families sitting down and picking somebody. The only people that are going to win if you are fighting is us.

  • What is probate and do I need it?

    What is probate? This is the most common question we get. Probate is three things: it’s a code, it’s a process, and it’s the name of the court. It is […]

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  • Do I need a lawyer if my parents died with a trust?

    My parents passed away with a trust. Do I still need a lawyer? Typically, the answer to that is no thankfully. It can be a long and expensive process to […]

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  • I’ve been appointed as administrator or executor of the probate. What happens next?

    I’m newly appointed as the executor of my probate with the courts. What is the next step in the probate process? Once appointed, the court will issue letters of administration […]

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