Probate Service

EstateExec has arranged for experienced attorneys to file probate cases for EstateExec customers; availability and cost depend on location of the estate.

Flat-Fee Probate Filing (Basic Estates)

For straightforward, uncontested estates in select areas, EstateExec can arrange for a probate attorney to work with you for a fixed fee to get your official appointment as executor: filling out and filing the required paperwork, and appearing in court as needed.

You will additionally have to pay the court any local probate filing fees, but as with all these costs, the estate bears ultimate responsibility, and should eventually reimburse you for any out-of-pocket expenses.

Once you have been appointed executor and have your "Letters", the rest of the interactions with the legal system are often routine, but if desired, you can continue to work with your lawyer for subsequent activities (see Full Probate Support below).

Requirements

To use EstateExec's flat-fee filing service, the estate must be relatively straightforward and you must expect it to be uncontested. You will have to provide details about the estate to the attorney, including a copy of the death certificate, any will, and a list of heirs. In many states, you will also need to know the rough value of the estate, eventually listing all the known assets and debts.

If local statute requires a probate bond for the executor, and the will does not waive such requirement, then the executor must be someone in good standing who can qualify for such a bond.

Results

Your assigned attorney and his or her staff will prepare the necessary documents, file them in court, and appear in court as needed to get you appointed as executor.

Process

The basic steps are as follows:

  1. Click "Agree to Terms and Conditions" and then click the "Purchase" button
  2. If there is more than one lawyer listed, select the one you want
  3. Schedule and have an initial phone consultation with the selected lawyer
  4. Click "Agree to Continue"
  5. Provide the lawyer with any requested information
  6. Review and approve the court forms populated by the lawyer
  7. Pay any local court filing costs
  8. Appear in court with the lawyer (if required)
  9. Work with your lawyer to obtain a probate bond (if required)
  10. Receive your official appointment and "Letters"
  11. Click "Service Complete"

Payment

Click the "Purchase Now" button to answer a couple of simple questions and create a free trial estate so we can determine appropriate cost and availability (takes only 30 seconds).

 (no risk money-back guarantee)

We will charge the entire amount using your chosen payment method. Once you have your initial consultation, you can either agree to continue with the service, which will release half the payment to the attorney, or indicate that you do not wish to continue and received a full refund (see Refunds below for details). If you decide to proceed, once you indicate that the attorney has satisfactorily completed the entire task, we will release the second half of the payment to the attorney.

This approach ensures that both you and the attorney are protected. The attorney knows that you have put up the money, and you know that the attorney must provide the service to get the completed payment.

Refunds

No Risk Money-Back Guarantee: After your initial consultation with the attorney, you can decide not to proceed, and obtain a full refund. Such refunds must be requested within 30 days of the initial order.

If it later comes to light that the estate is more complex than originally believed, you and your lawyer should try to decide a fair approach to dealing with the situation, potentially deciding to convert to Full Service. If you cannot come to agreement, EstateExec will arbitrate between you and the lawyer to attempt to resolve the amount, if any, that shall be refunded to you.

If you feel that your attorney is not performing adequately, EstateExec will arbitrate between you and the lawyer to attempt to resolve the situation in a fair and equitable way.

Conversion to Full Service

If at some point you and your attorney decide that the estate is more complex than originally believed, or you simply prefer a more traditional hourly rate relationship, you can convert this flat-fee filing service to Full Service. Simply make your arrangements with the attorney, and click the "Service Complete" checkbox to transfer any unused portion of your fee to a more traditional retainer directly with the lawyer.

Attorney/Client Relationship

EstateExec is providing you with access to a local probate attorney, who will likely want you to sign a standard local contract if you choose to continue. This contract should not require any payment directly from you for this basic service.

You should make sure that you are comfortable with the attorney and his or her qualifications. EstateExec will attempt to provide suitable attorneys, but ultimately you are responsible for your decision to work with a given attorney, and the attorney is responsible for any legal advice or actions.

EstateExec itself cannot and does not provide legal or accounting advice.

Additional Terms and Conditions

Governing Law: This agreement shall be governed by the laws of the State of California, excluding the application of its conflicts of law rules, and shall inure to the benefit of EstateExec and any owners, successors, administrators, heirs and assigns.

Arbitration: Any claims and disputes arising under or relating to this agreement are to be settled by binding arbitration in the state of California or another location mutually agreeable to the parties.

Liability: In no event shall EstateExec or its owners be liable for any damages of any kind arising out of the use of this service. In no event will EstateExec's liability exceed any service fee paid by you to EstateExec.

Severability: In the event of invalidity of any provision of this agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions.

Full Probate Support (Complex Estates and Other Situations)

For more complex estates, or if you simply want additional help throughout the process, you can still use EstateExec's attorneys.

Terms and Conditions

Rates are dependent on the location and particular lawyer, and any relationship between the lawyer and the executor is subject to the Attorney/Client Relationship conditions described above, as well as the Additional Terms and Conditions described above.

Process

The basic steps are as follows:

  1. Click "Agree to Terms and Conditions"
  2. Schedule and have an initial phone consultation with an assigned lawyer to get to know each other
  3. If you wish to retain the lawyer, agree on objectives, rates, estimates, and so forth, and continue

Payment

Click the "Purchase Now" button to answer a couple of simple questions and create a free trial estate so we can determine appropriate cost and availability (takes only 30 seconds).

 (get your legal questions answered!)

If you wish to use the services of the lawyer beyond the initial "getting-to-know-you" consultation, you should arrange that directly with the lawyer.

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