Cheshire Probate Attorney

Cheshire Probate Lawyer

Cheshire is often cited as one of the most desirable communities in Connecticut, offering close proximity to Yale and Quinnipiac University, one of the state’s highest-rated public school systems, and a thriving local economy. There are about 29,000 residents of Cheshire, and residents of all ages need to know what to expect during the probate process. A Cheshire probate attorney is an invaluable asset to have on your side after a family member’s death.

Experienced Probate Counsel in Cheshire, CT

The team at Burns Thomas, LLC has extensive experience with estate creation and estate administration in Cheshire and surrounding Connecticut communities. Probate is a commonly misunderstood legal process that can be difficult, tedious, and expensive. Facing these legal proceedings after a family member’s death can be challenging in several ways, but a Cheshire estate planning lawyer may be able to help ensure your family can avoid probate.

According to a recent Caring survey, only about 24% of Americans have a will. More than half of those surveyed who reported not having a will said they either did not consider it a priority or believed they did not have enough assets to justify creating a will. About 43% reported procrastination as the reason they lack a will.

Connecticut Probate Courts heard 3,585 cases of intestate administration during fiscal year 2023. When a person dies without a will, their estate is considered “intestate,” and the probate court will review the contents of the estate, pay outstanding debts to creditors with the estate’s contents, and then distribute the remaining contents to the decedent’s beneficiaries according to Connecticut’s intestate succession laws.

A Cheshire estate planning lawyer can help you create an estate plan that limits your family’s likelihood of facing a complex probate process after your death. However, if a family member recently died without a will or any estate plan in place, a Cheshire probate attorney can provide valuable legal representation through these difficult proceedings.

What to Expect During Probate

Probate begins when a family member of the deceased formally notifies the probate court of the death. A judge evaluates the petition and determines whether a legally valid will exists. If there is not, the judge appoints an executor or personal representative for the probate case. This will usually be the decedent’s surviving spouse or another close surviving family member, such as a parent, child, or sibling.

The court is then required to notify any heirs, beneficiaries, and creditors of the death, and the executor is responsible for creating a complete and accurate inventory of all of the estate’s contents. The probate court will then use the contents of the estate to pay any outstanding debts to creditors, and then the remainder is distributed to the beneficiaries according to Connecticut’s intestate succession laws.

It’s possible for all types of disputes to arise during probate in Cheshire. Beneficiaries may argue against creditors’ claims on the estate, and beneficiaries could also argue with the court’s determination as to how the contents of the estate must be distributed. These disputes can significantly prolong an already time-intensive process.

Once the court has paid off creditors, distributed assets to beneficiaries, and resolved disputes, the executor will then file the necessary paperwork so the court can officially close the estate. In many cases, the entire probate process takes several months, sometimes more than a year.

Having an experienced Cheshire probate attorney help with these proceedings can make the process much easier. Your attorney can address any potential for disputes before they arise, ensure all required documentation is complete, organized, and accurate, and prepare you for each new step of probate proceedings. Burns Thomas, LLC has years of experience representing Connecticut clients in probate, so reach out to our firm to learn how we can help.

Whether the best option for you is a comprehensive will, the establishment of trusts or other estate planning solutions, we will find a solution that fits your needs.

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FAQs

The team at Burns Thomas, LLC has years of experience guiding clients through difficult probate cases in Cheshire and throughout Connecticut. We know how challenging these proceedings can be, and we want to help you approach the situation with peace of mind. It’s important to connect with experienced legal counsel at your first opportunity when you are preparing for probate, so contact us today and schedule a consultation with our team.