Frequently Asked Questions
What is Probate?
Probate is the process surviving family members use to submit a will, transfer assets, and close out the remaining personal & financial affairs of their deceased loved one after he/she passes away. For about 30%* of all estates, the probate process involves submitting documents to court; however, for most estates, the probate process is focused mainly on notifying various agencies and associates and transferring assets to beneficiaries listed on the accounts/policies or the transfer on death/rights of survivorship title holders.
*Based on an assessment of number of estate cases filed in Ohio during 2017-2019 vs. number of deaths recorded.
How do I know if I need to file probate in court?
Contrary to popular belief, having a will does not have any effect on whether or not you have to file probate in court. Having a will mainly impacts the type of documents you need to file in court and in some circumstances, the type of probate for which you file. In some probate courts, there are up to five types of probate for which you can file.
The main factor in determining whether or not you need to file for probate is how assets are titled. The way in which an asset is titled effects whether or not the asset is owned by the “estate” or is considered a “non-estate” asset. Estate assets are those that must be transferred through the Probate Court and include, but are not limited to, bank accounts, real estate, automobiles, and personal items that are titled solely in the name of the decedent. Note that a jointly held asset may still be considered an estate asset if the title did not include rights of survivorship or transfer on death designation. The portion of the jointly held asset that was owned by the decedent (most often it is 50%) would be considered an estate asset.
Non-estate assets are those that can be transferred outside of Probate Court and include but are not limited to, jointly held bank accounts with rights of survivorship, life insurance policies with a designated beneficiary, real estate that is jointly held through a survivorship deed or under a transfer upon death designation, or assets held in a trust. Non-estate assets must have a person/ trust assigned with rights of survivorship or transfer on death on the title and/ or a beneficiary needs to be name on the account or policy.
What does the typical probate process look like?
The typical probate process is comprised of 10 key steps:
- Secure key assets (home, vehicle, etc.) and send critical notifications (landlords, lessors, employers, in-home care agencies, etc.)*
- Gather important papers, run credit check, collect/ forward mail
- Identify, cancel, or claim benefits/ services and outstanding debts owed (Veterans benefits, Social Security, Insurance, Medicaid, Paychecks, etc.)
- Notify Key Bureaus and Corporations to stop fraud (banks, passport, voter office)
- Submit initial court filings such as petition to become estate executor and application to probate a will
- Notify the heirs and publish debtor notification(s) in local newspaper(s)
- Perform full inventory of assets/ debts and submit additional probate court documents
- Perform asset transfers for estate (i.e. sole ownership) and non-estate (i.e. life insurance, joint tenancy, Transfer on Death, etc.) assets
- File Taxes, pay debts and distribute remaining assets
- Notify the court of your actions and close the estate
*the funeral and burial typically occur between steps 1 and 2.
Do I need a lawyer?
People often hire a lawyer to help determine if they need to file for probate in court and guidance on what type of probate should be filed. Additionally, estate attorney advice can be invaluable in the following situations:
- There are issues among family members/ heirs, especially regarding the validity of the will and/or how assets are distributed, and you think they may bring the dispute to court
- The estate has unusual/ rare assets (e.g. LLC’s, Partnerships, rare antiquities)
- There are more debts than estate assets (i.e. the estate is insolvent) and you need to determine which creditors to pay first with the estate assets
- There is a minor who needs a guardian appointed as a result of the death
- If you intend on filing or have already filed a wrongful death suit
- There are estate assets located/ titled in different states, such as real estate or vehicles
Why should I use After They Pass?
After They Pass is designed to provide guidance and auto-filled documents needed during every phase of the probate process. We provide detailed guidance and auto-filled forms needed to answer the following questions and many more:
- Do I need to file for probate in court, what type of probate do I need to file and how do I fill out the court documents?
Our free assessment can answer whether or not you need to file probate and propose the types of documents you may need to file. Further, if you purchase one of our packages, we will provide ready-to-sign court forms and specific next steps needed to file the forms. - What benefits am I eligible to receive and how do I complete the applications?
After filling out our case questionnaire, we will determine what types of social security and veteran’s benefits you may be eligible to receive and for most, we also provide an auto-filled benefit application. - Who do I send notifications to and what should the notifications say?
There are numerous agencies, associates, and companies you may want to notify. Some notifications are to help prevent fraudsters trying to steal your loved one’s identify, while others are to avoid unnecessary fines or interest. After They pass provides dozens of auto-filled letters and detailed guidance for every significant type of notification such as, notifying a landlord, employer, social security office, voter’s bureau, or health insurance agency. - How do I transfer non-estate assets?
For most non-estate assets, the transfer can happen automatically or after providing a copy of the death certificate to the bank, agency or title office and filling out their company specific forms. After They Pass provides detailed guidance on many types of asset transfers as well as auto-filled forms depending on the asset. - What forms do I need to file with the IRS and how do I complete the forms?
We provide guidance on the types of IRS forms you may need to file, such as IRS form 8822, form 56, and/or 4056-T and in some cases, we auto-fill the forms for you. - Are there associates, agencies, or companies I should be reaching out to in order to see if there are any refunds or payments due to the estate?
We provide guidance on the agencies and companies you should notify and request refunds due. In many cases, we also provide auto-filled letters that can easily be sent to the recommended agencies and companies. - What other key steps should I perform and when do I need to complete these activities?
After They Pass provides customized next steps and guidance as well a timeline for when each activity should be completed. Our guide takes into consideration state specific requirements, your estate scenario, and best practices when closing out an estate.
Who is the right customer for After They Pass?
Anyone who is in charge of closing out the affairs of their deceased loved one’s estate can benefit from the services provided by After They Pass. Even if you don’t need to file for probate in court, we provide detailed guidance and auto-filled forms and letters for many other key activities needed to close out the estate. If you’ve already hired an attorney, we can save you thousands of dollars by providing many of the forms you may need to file in court and detailed next steps.
Are there any services out of scope?
We hope in the near future to expand our service offering to include these activities, but for now, the following activities are out of scope for our services:
- Contesting a will and/or defending a contested will in court
- Contesting an Application for Estate Administration or defending a contested application in court
- Next steps or auto-filled court forms outside of Summary Release from Administration packet, Relief from Administration packet, Application to Probate a Will, Application for Estate Administration, or Real Estate Only Application packets in the State of Ohio
- Next steps or auto-filled court forms related to guardianship applications or suites for wrongful death
- Next steps and administration of a trust
- Calculation of or forms needed to collect estate representative compensation
- Classifying debt for insolvent estates
- Estates that have real estate and/or vehicles located in multiple states (often ancillary probate proceedings will need to be opened in these situations)
- Determining valuation or transfer activities for unusual or rare estate assets such as LLCs, partnerships, artwork, or other antiquities
- Next steps or auto-filled forms for the following benefits: Railroad retirement benefits, SSA-24, SSA-4, VA Form 21P-534EZ, Veteran’s benefits under Survivors & Children’s Pension and Dependency Indemnity
Is my data private?
We take privacy and security very seriously. Your data is just that, YOUR DATA. No one will have access to your data at any point and we never share data with third parties except when needed to process a payment. See our Privacy Policy for more details.
