#62 PROBATE LAWYERS Buyer Checklist You Need To Know Before You Spend Your Money. 60 Buyer-Beware Intelligence Points.

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Legal Information Notice: This checklist provides general educational information only. It is not legal advice, does not create an attorney-client relationship, and may not apply to your jurisdiction or circumstances. Laws and deadlines vary. Do not rely on this checklist for a specific legal decision or deadline; consult a qualified attorney licensed in the relevant jurisdiction.

“Probate isn’t just paperwork—the wrong process can turn an estate into a much larger problem.”

  1. ☐ Don’t assume probate is always required.
  2. ☐ Don’t assume every asset passes through probate.
  3. ☐ Verify the applicable state procedure.
  4. ☐ Identify all assets first.
  5. ☐ Identify all beneficiaries.
  6. ☐ Locate the original will.
  7. ☐ Identify debts.
  8. ☐ Identify taxes.
  9. ☐ Identify jointly owned property.
  10. ☐ Identify beneficiary-designated accounts.
  11. ☐ Don’t distribute assets prematurely.
  12. ☐ Don’t ignore creditor issues.
  13. ☐ Don’t ignore estate expenses.
  14. ☐ Verify executor authority.
  15. ☐ Understand attorney compensation.
  16. ☐ Ask whether fees are hourly or otherwise calculated.
  17. ☐ Ask what tasks are included.
  18. ☐ Track deadlines.
  19. ☐ Maintain estate records.
  20. ☐ Don’t mix estate and personal funds.
  21. ☐ Don’t sell estate assets without authority.
  22. ☐ Document distributions.
  23. ☐ Get professional tax advice where needed.
  24. ☐ Understand when the estate can close.
  25. ☐ Don’t treat informal family agreements as substitutes for legal authority.

Premium Checklist

1. Estate Intake

☐ Death certificate.
☐ Will.
☐ Trust documents.
☐ Asset inventory.
☐ Debt inventory.
☐ Beneficiary information.

2. Probate Determination

☐ Identify probate assets.
☐ Identify non-probate assets.
☐ Determine applicable court process.
☐ Determine whether simplified procedures apply.

3. Executor Review

☐ Confirm appointment.
☐ Understand fiduciary responsibilities.
☐ Establish estate account.
☐ Create transaction log.

4. Creditor & Tax Review

☐ Identify debts.
☐ Identify potential claims.
☐ Determine tax filings.
☐ Preserve documentation.

5. Distribution

☐ Confirm authority.
☐ Verify beneficiaries.
☐ Calculate distributions.
☐ Document transfers.

6. Closing Audit

☐ Required filings complete.
☐ Taxes resolved.
☐ Claims resolved.
☐ Assets distributed.
☐ Final accounting complete.

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