What to Bring to Your First Meeting with a Probate Attorney: A Complete Checklist

Meeting with a probate attorney often signifies the beginning of a complex and emotional process—settling the estate of a deceased loved one. During this time, you may feel overwhelmed by grief and the legal steps required. To make the process smoother and more efficient, preparation is essential. Bringing the right documents to your first meeting with a probate attorney can save time, reduce stress, and help you move forward with clarity. Here’s a comprehensive checklist of what to bring.

The Will and Any Codicils

The foundation of the probate process is the will, which outlines the deceased’s final wishes regarding their assets. If a will exists, bring the original, notarized copy, along with any codicils (amendments to the will). If you believe the will may be contested, inform your attorney. If you are unable to locate a will, don’t worry—you can still proceed with the probate process.

Certified Death Certificate

A certified copy of the death certificate is necessary to initiate probate. This document confirms the deceased’s passing and provides key details such as the date and place of death. You can obtain a copy from your local health department, the Office of Vital Records, the funeral home, or order one online through services like VitalChek.

Inventory of the Estate

Your probate attorney will need a clear picture of the deceased’s estate. Prepare an inventory list that includes:

• Real estate properties
• Bank accounts
• Stocks, bonds, and mutual funds
• Vehicles
• Valuable personal belongings (e.g., jewelry, artwork, collectibles) If you have an estimated value for these assets, note it on the list to assist in the estate’s assessment.

List of Debts and Liabilities

Outstanding debts must be settled before assets are distributed to heirs. Provide a list of the deceased’s liabilities, such as:

• Mortgage statements
• Loans
• Credit card balances
• Unpaid medical bills An accurate record of these obligations will help ensure they are addressed properly during the probate process.

Life Insurance Policies

If the deceased had any life insurance policies, bring copies of the policy documents or details, including the policy number and beneficiary information. While life insurance proceeds usually bypass probate, these documents provide insight into the overall estate’s financial standing.

Beneficiary Information

Your attorney will need information about the individuals named in the will. Prepare a list that includes:

• Full names
• Contact information
• Relationships to the deceased If there are trusts involved, bring copies of those documents as well.

Recent Tax Returns

Tax returns from the past few years provide valuable insight into the deceased’s financial situation. These records can help determine any outstanding tax obligations and assist in preparing necessary filings during probate.

Other Relevant Legal Documents

Additional legal documents may impact how the estate is distributed. Bring copies of:

• Prenuptial or postnuptial agreements
• Divorce decrees
• Property deeds
• Business agreements
• Any prior estate planning documents Omitting these documents can lead to complications, so it’s best to provide anything that may be relevant.

Questions About Probate Preparation?

Preparing for your first meeting with a probate attorney can make the process more efficient and less stressful. By gathering these essential documents, you help your attorney assess the estate accurately and navigate probate effectively. If you’re unsure about any documents, don’t hesitate to ask your attorney for guidance.

At Lawvex, we understand that probate can be a difficult and emotional journey. Our experienced probate attorneys are here to guide you every step of the way. Schedule a free consultation today to get the support you need.