Affidavit Regarding Real Property of Small Value ($50,000 or Less) Form DE-305 OverviewWhen real estate valued by a court appointed appraiser, called a probate referee, is worth less than $50,000.00, this affidavit can be filed at the court to transfer property to the person(s) entitled to have it transferred to them, then recorded at the county recorder in the county where the real property is located. There is no hearing involved, just a trip to the probate clerk’s office and then the County Recorder. Unlike other probate procedures, this...Continue Reading...
Probate is the legal process that occurs after a person’s death. During probate, the person’s assets will be distributed either according to his or her will or according to state law. The exact manner of distribution largely depends on who is receiving the property and the how much preparation the now-deceased person made beforehand. If he or she utilized an estate planning attorney, then probate could be a simple and quick process, which allows for the relatives and loved ones to receive their distribution quickly. On the other hand,...Continue Reading...
When a person dies and leaves a property or estate behind, the probate lawyer helps executors of the estate manage the probate process. This involves helping with the estate planning, managing trusts, drafting wills, representing clients in court and acting as administrator or executor of the will or trust.Types of Probate LawyersUsually there are two types of probate lawyers. Transactional lawyers are more experienced in handling the administration of estates and trusts. Probate litigators on the other hand are better at representing clients in...Continue Reading...