The first thing to know is that seldom does anything have to be done about the deceased’s estate immediately. You have enough time to think about such items as organ donation, arranging a funeral or cremation, contacting interested parties, possible looking for housing for a surviving spouse and securing your loved one’s assets and important papers. After that is accomplished, then the process of probating the decedent’s assets can begin. But in the process of the funeral or cremation, order several copies of a certified copy of the death certificate, as this will be an important document needed later.

Once you are ready to start the process of settling the deceased’s estate, you need to set up an appointment to see an attorney. He or she will usually request several documents, which will include:

1. A certified copy of the death certificate
2. A copy of a deed for all real property*
3. Copies of any brokerage statements, bank statements, and retirement account statements
4. Copies of all unpaid bills, credit cards and any other debts
5. The Original Will, Codicil and Trusts*;
6. Copies of vehicle title cards;
7. List of the decedent’s assets

*Not sure what this means? Don’t worry! We have a probate glossary to help explain it all!

At the first meeting, your attorney will clarify the probate process for you, review the documents, and begin to determine if probate is necessary for the deceased’s estate.

Another issue which should be discussed with the Attorney at this first meeting would be the attorney’s fees. The standard by which an attorney can charge is “just and reasonable”. Usually a written contract is entered into to finalize the financial arrangement with the client.

Are you ready to start preserving your loved one’s legacy through probate? Contact Martin, the MN Probate Lawyer with a personal touch!