Every state
Wills, trusts and probate attorneys near you
A will, a living trust, power of attorney, or handling an estate after a death.
Deadline, in general
No deadline to make a plan; probate and creditor claim periods after a death are strict and set by your state.
Probate is slower and more expensive in some states than others, and in several the statutory fees are calculated on the gross value of the estate rather than the equity in it. A house with a large mortgage is still counted at its full value. That is why so many families use a living trust: assets held in a properly funded trust pass outside probate entirely.
The documents that matter most are not always the ones people ask for. An advance health care directive and a durable power of attorney decide who speaks for you while you are alive and unable to, and they are the ones healthcare workers watch families wish they had.
Tell us what happened
A few questions about your situation. It is free, and there is no obligation of any kind.
This may be your situation if
- —You own a home and have no trust.
- —You have children, or someone who depends on you.
- —A parent has died and you have been told the estate must go through probate.
- —There is a will, but it has not been updated in many years.
- —Nobody has authority to make decisions for a relative who can no longer decide.
What an attorney generally does here
- —Draft the will, trust, powers of attorney and health care directive.
- —Fund the trust, which is the step most often left undone and which decides whether it works.
- —Take an estate through probate where no trust exists.
- —Advise on property tax reassessment when a home passes to children.
- —Deal with a will contest or a dispute between beneficiaries.
The deadline
No deadline to make a plan; probate and creditor claim periods after a death are strict and set by your state. Set by Your state’s probate code.
Creditor claim periods after a death are short and a trustee or executor who misses them can be personally exposed. If someone has died, that clock is already running.
Worth gathering first
- —A list of property, accounts, policies and who is named as beneficiary.
- —Any existing will, trust or power of attorney.
- —Deeds for any real property.
- —Names of the people you want to make decisions and to inherit.
- —For a probate matter, the death certificate and the will.
If you work in care
Caregivers watch this go wrong constantly: a client who can no longer decide, no advance directive, no power of attorney, and a family stuck. The lesson usually applies to the worker too. If you have a home and no trust, your family will meet probate.
Common questions
Do I need a living trust?
Owning real property is the usual trigger, because probate is expensive and slow in many states and a funded trust avoids it. Where statutory fees are calculated on gross value rather than equity, a mortgaged home does not reduce them.
What happens if I die without a will?
Your state’s intestacy rules decide who inherits, and the estate generally goes through probate. The result frequently is not what the person would have chosen.
What is an advance health care directive?
It names who makes medical decisions for you if you cannot, and records what you want. It is separate from a will and it operates while you are alive.
How long does probate take?
Commonly a year or more even where nothing is contested, which is the main practical argument for a funded trust.
Related
This page is general information about how this kind of matter works in the United States, and the rules that matter most here are set state by state — the deadline where you live may be shorter than the general figure given above. It is not legal advice, it is not a substitute for advice about your own situation, and reading it or sending the form does not create an attorney-client relationship. Unified Savers is not a law firm and not a lawyer referral service. Deadlines stated are general rules and exceptions frequently make them shorter. See the disclaimer and privacy policy.