How to Prepare for Probate
04.24.2025
By: Attorney Eric S. Johnson
How to Prepare for Probate
Probate is the process where a Court administers the assets of a deceased person. The process includes identifying what creditors have legitimate debts and providing for their payment, determining the assets of the deceased and their value, and distributing inheritances according to the deceased’s Will or Wisconsin’s default rules if there is no Will.
Most people are unfamiliar with the Court forms, legal jargon, and detailed accounting procedures required to complete a probate. An experienced attorney can help you avoid costly errors and speed up the process.
When you schedule an initial meeting with a probate lawyer, it helps to come prepared with specific information and documents. This helps ensure that your lawyer can provide accurate advice and streamline the probate process – saving you time and money. The following is a checklist of what you should bring and why it’s important.
Death Certificate
The death certificate provides essential details, such as the date and location of death. Financial institutions often require an original death certificate to process payments to beneficiaries or to provide information to the person administering the Estate. Since it is less expensive to order original death certificates in bulk, you should plan on obtaining at least 10 original certificates.
Will
The Will outlines the decedent’s wishes regarding the distribution of their assets and any specific instructions for the Estate. The Will serves as the primary guide for the probate lawyer in managing the Estate accordingly. Absent special circumstances, the Court will require the original Will. A copy will not do.
List of Assets and Liabilities
A comprehensive list of the deceased’s assets (such as real estate, bank accounts, investments, and personal property) and liabilities (such as mortgages, loans, and credit card debts) is essential. This inventory helps the lawyer assess the Estate’s value and determine how the assets will be distributed and debts settled.
Financial Statements
Recent bank statements, investment account statements, and retirement account statements provide a snapshot of the deceased’s financial status. These documents are necessary for verifying account balances, identifying sources of income, and ensuring that all assets are accounted for in the probate process.
Insurance Policies
Life insurance policies should be brought to the initial meeting. These policies may affect the Estate’s value and the distribution of assets, and they may also provide funds to cover expenses related to the deceased’s final arrangements.
Title Documents
Title documents for real estate, vehicles, and other significant assets should be presented. These papers are essential for proving ownership and facilitating the transfer of assets to beneficiaries. They also help the lawyer identify any encumbrances or liens on the property.
Tax Returns
Bringing the deceased’s most recent tax returns can assist in understanding their financial history and liabilities. The lawyer will need to address any outstanding tax obligations and ensure that the Estate complies with tax regulations.
List of Heirs and Beneficiaries
Providing a list of heirs (typically the deceased’s immediate family) and beneficiaries (the individuals named in a Will to receive assets), including their contact information and relationship to the deceased, is crucial. This ensures that the probate lawyer can communicate with all parties involved and verify their entitlements according to the Will or state law.
Funeral and Medical Bills
Gather any bills related to the deceased’s funeral and medical care. These expenses may be payable from the Estate, and having the documents ready helps the probate lawyer manage and settle these costs efficiently.
Legal Agreements and Contracts
Any existing legal agreements or contracts to which the deceased was a party should be brought to the initial meeting. These could include business contracts, leases, or agreements with creditors. Understanding these obligations is vital for the lawyer to manage the Estate properly.
In conclusion, preparing for your initial meeting with a probate lawyer is a critical step in managing an Estate. By bringing the essential information and documents, you contribute to a smoother, more efficient probate and ensure that the deceased’s wishes are respected.
If you have any questions or need further guidance on what to bring, contact us. We are here to help you navigate this challenging time with compassion and experience.