Is Selecting A Probate Attorney Nearby Necessary? And Other Questions & Answers….
On the federal level in the US, there is something called the Uniform Probate Code (UPC). It is a set of commonly accepted probate laws. These laws are familiar to any probate attorney.
“Has my state adopted the UPC?,” you may ask yourself.
Ohio has not accepted the UPC, and neither has Indiana or Kentucky. Michigan has adopted the UPC in its entirely, as have 15 other states.
As for whether you need probate as the executor, that depends largely on the state of the estate in question. If the decedent had accounts that were shared accounts, or holdings that were specifically designated for inheritance by certain individuals, then you may be able to avoid probate.
In most cases, though, you will need to ask the court to name you as the executor, and this will begin the probate process. This is also the point at which you will begin to work closely with a probate attorney.
“Do I need a probate attorney near me, or can I work with one in another city?” you may ask.
Your attorney can be in another town, but it is often easiest to have representation in the local area where you will be handling the executor role.
If you have any questions about being an executor, contact Donnellon, Donnellon, & Miller to schedule a consultation.