Five Things You Should Do Before Contacting a Probate Attorney
Losing a loved one is overwhelming. Between funeral arrangements, family questions, bills, property concerns, and uncertainty about what happens next, it can feel like everything needs to be handled immediately. Before you contact a probate attorney, there are a few practical steps you can take to make the first conversation more productive. You do not need to have everything figured out. In fact, you probably will not. But gathering basic information in advance can help the attorney quickly understand the situation and explain what options may be available.
1. Locate the Original Will or Trust Documents
One of the first questions a probate attorney will ask is whether the person who passed away had a will, trust, or other estate planning documents. Therefore, you should look for the original will, a revocable living trust, amendments to the trust, powers of attorney, advance health care directives, and any written instructions regarding funeral arrangements or property.
While a copy of a Will may be helpful, the original document often matters in probate proceedings. If you cannot find the original, don’t panic. Simply let the attorney know what you found and where you looked.
If the person had a trust, the attorney will want to review the trust to determine who is in charge, what assets are supposed to be in the trust, and whether probate may still be required.
2. Make a Basic List of Assets
You don’t need a perfect inventory before calling an attorney, but you should try to make a basic list of what the person owned. This may include: real estate; bank accounts; investment accounts; retirement accounts; life insurance; vehicles; business interests; personal property; safe deposit boxes; and any property located outside Nevada. For each asset, write down as much information as you can. For example, if there is a home, note the address. If there is a bank account, note the name of the bank. If there is a vehicle, note the year, make, and model. This helps the attorney determine whether probate may be necessary, whether certain assets may pass outside probate, and what type of court proceeding may be appropriate.
One of the items people often overlook is the Decedent’s phone, laptop and computer. These items may be very valuable in locating assets and should be secured as soon as reasonably possible along with any passwords you are able to recover.
3. Identify How the Assets Are Titled
How an asset is titled can be just as important as what the asset is. For example, an account may be in the deceased person’s name alone or jointly owned with another person. The same is true for real estate. A home may be titled in an individual’s name, in a trust, jointly with another person, or through a deed upon death. Before contacting a probate attorney, try to gather statements, deeds, account records, or beneficiary information that show how the assets are titled. This can make a major difference in determining whether probate is required.
4. Gather Information About Debts, Bills, and Expenses
Probate is not only about transferring assets. It also involves identifying creditors and making sure debts are handled properly. Before contacting a probate attorney, it is helpful to gather as much information as possible about the deceased person’s debts, bills, and ongoing expenses. You do not need to know whether every debt is valid. You do not need to pay anything immediately. But you should try to identify what debts may exist.
It is also helpful to know whether anyone has been paying bills since the date of death. Family members sometimes start paying expenses without realizing that reimbursement, authority, or priority of payment may become an issue later. Don’t guess or make promises to creditors before speaking with an attorney. Just collect the information you have.
Gathering debt information early also helps prevent family members from making mistakes. A surviving spouse, child, or other family member may feel pressure to start paying bills right away, especially if creditors are calling. But not every bill should necessarily be paid immediately, and not every family member is personally responsible for the deceased person’s debts. The attorney can explain which expenses should be paid, which should wait, and whether creditor claims must be handled through the probate process.
5. Write Down the Key People Involved
Before calling a probate attorney, make a list of the people who may be involved in the estate or trust administration. This does not mean you need to know everyone’s legal rights before the meeting. That is the attorney’s job. But the attorney needs to know who may be involved so they can determine who must receive notice, who may have authority, and whether there are any potential problems. This information matters because probate and trust administration often require notice to certain people. If someone is accidentally left out, it can delay the process, create additional expense, or even result in objections later.
This list can also help the attorney spot practical issues. If someone has the keys to the house, access to financial records, possession of the original will, control over the deceased person’s phone, or knowledge of important accounts, that person may need to be contacted quickly.
Final Thoughts
You don’t need to solve the probate process before calling a probate attorney. That is the attorney’s job. But doing a little homework before the first call can save time, reduce confusion, and help you get better guidance. At a minimum, try to gather the estate planning documents, identify the major assets, determine how those assets are titled, collect information about debts, and make a list of the key people involved. The more organized you are at the beginning, the easier it is to determine the next step.
Drizin Law is providing this information for educational purposes only. It should not be construed as legal advice or a legal opinion as to any specific facts or circumstances. This information is based on general principles of Nevada law at the time it was created and you should be aware laws frequently change. Moreover, the laws affecting you may differ depending on the circumstances. You should consult with a qualified attorney in your own state or jurisdiction concerning your particular situation. Review of this information does not create an attorney-client relationship.
Lee A. Drizin, Esq. is the founder of Drizin Law and has practiced in Las Vegas for over three decades. His work focuses on probate, estate planning, trusts, and guardianship, with particular experience handling contested probate and administration matters. A UNLV graduate with a Master of Laws in Taxation from Boston University, Lee has built his career helping Nevada families navigate some of the most difficult times in their lives.
