How We Handle Probate

What do most of us think of when we hear the word "probate"? We think of a long drawn-out process that costs a lot of money. Our attorneys have heard the same concerns from prospective clients and we decided that a new approach was needed. We invite you to take a look at how we move families through the probate process in a timely fashion and at an economical cost.

What is the purpose of probate?

Probate is the process which transfers property from a deceased person to his heirs or other beneficiaries, and finalizes the decedent's financial affairs. This process is administered by a probate court. For example, if a family member dies and the Will states you are to inherit the house, probate is the process that allows the transfer to take place. The same is true for other assets owned by the decedent.

Why does probate take so long and can be so expensive?

We believe that one of the reasons probate takes so long is that many lawyers do not focus their practice on probate administration. Probate is only one of the many areas in which these lawyers practice, thus they are not always efficient at handling estates. Often, the probate cases take a back seat to other legal work and the lawyer ends up in the position of responding to court imposed time deadlines instead of taking the initiative to get the matter completed.

Probate usually is not as difficult as it appears. Timely action is a priority for our probate administration attorneys and legal assistants and we recognize the importance of moving through the process as rapidly as possible. Experience makes us efficient and timely.

Does the property of a decedent always go through probate?

No. In fact, the major part of our estate planning practice is creating living trusts to avoid probate and achieve other planning goals, such as significant estate tax savings and long term asset protection planning. However, some people for various reasons (not necessarily good ones) do not have living trusts. When they die, their property must go through the probate process.

How long should probate take?

Our goal is to move through the probate process in six months or less. If we believe it will take longer, we will explain the specific reasons why. Some examples of why an estate may take longer include complications such as a challenge to a will, disputes as to who should serve as executor, a wrongful death claim or other litigation.

Do we charge for an initial consultation?

No.

What services will we be providing?

We will do all of the work necessary to timely and efficiently complete the probate process. This includes all court-required paperwork, deeds and estate tax returns. We will also give any beneficiaries advice as to their own personal planning needs, if they request us to do so.

How do we make the process less difficult?

We understand the value of communication and teamwork. We explain to you the whole process and your role. We give you the game plan as to what each step is and what we need to accomplish it. This is summarized in a written memorandum so that you have an understanding as to what is going on and what your responsibilities are. We establish with you a time schedule as to what has to be done and when. Our book, Wealth Management Through Estate Planning has a chapter that explains in detail the estate administration process. Information for ordering this book is available on this web site.

How do we charge for our services?

When we meet with you and determine what has to be done, we will tell you how much we will charge for our services. We generally charge an hourly fee for our services and tell you the rates up-front. At the end of the estate administration, we will submit our bill for payment. We will obtain court approval for our fees if required. In addition to attorney fees, the estate may incur expenses such as filing fees and deed recording costs.

If something unexpected occurs, we will discuss any consequences with you and advise you if it will change the fee.

How do we keep expenses down?

There are a number of ways. We have streamlined the paperwork using an advanced networked computer system. All important events and deadlines are entered into this system and pop-up on the designated dates. We use trained legal assistants to keep down the time attorneys are required to spend on each estate. Being well-organized and creating a game plan helps. Our law clerks and legal assistants handle the necessary filings with probate court, saving the attorneys' time for more complex legal issues. This further reduces costs. Experience counts. These are some of the ways that we efficiently manage our responsibilities.

Probate is a process. The key to our success is managing that process in an efficient, timely manner.

Why have we set up this process?

Our firm has one of the largest personal estate planning practices in Northeastern Ohio. Many of the operational techniques that we use in our probate practice are derived from the approach that we undertook in handling our clients' estate planning needs. Our personal estate planning is done on a reasonable fee basis and on a structured timeline. It has worked out so well, and our clients appreciate it so much, that we decided to apply these ideas to our probate practice.

Frankly, it is also good business for us to run our practice this way. We want clients who are satisfied with not only the results, but the manner in which we handle their legal affairs.

How do you get started?

Call Christine Vitale at 216-771-1760 and she will tell you what you need to do to schedule a meeting. If you would like to speak with one of our attorneys, she will arrange this.

It is as simple as that!

Need Help? Contact Us!

Smith and Condeni LLP © 2007 ♦ Privacy Policy and Terms Of Use ♦ Contact Home

Aetomic Marketing | Website Design in Cleveland, Ohio