During the loss of a loved one the emotions and pressures that are present can be exhausting, frustrating, confusing, and to lead to poor decisions, or the inability to fully understand the process and what the best decision is for the situation at hand.  While many have the idea that the deceased’s Last Will and Testament lays out all the disbursements and instructions of the estate this is furthest from the truth and unfortunately this document still leaves many decisions that must be made.

Probate is the legal process that allows for courts to solidify the validity of a will and allow for organized administration of an individual’s estate after he or she has passed away.  Having experienced legal representation in the form of a Probate Attorney can help to make this process less stressful, and allow for the process to move forward quickly, and efficiently, without any legal delays.  This process can be complex, and with the personal emotions involved can cause difficulties for families if they don’t have appropriate legal representation to work through the process.

While many would like to believe that the Probate process is an easy one, this is far from the case, and there are many factors which can impact the process of Probate in the estate.  One of the primary benefits of utilizing a qualified Probate Attorney is to ensure that the wishes of the deceased is carried out appropriately, challenges of heirs are handled correctly, and that the disagreements that can arise are kept to a minimum and the impacts on the family reduced.  Disagreements surrounding the terms of the estate, especially if creditors are involved can be resolved using a probate attorney while also ensuring that debts owed to the estate are paid as well.

Additionally, probate can be complex and there are several legal factors that are much easier if handled by a qualified attorney.  Providing assistance with the following can prove to be beneficial to those that are left behind:

(1) One of the most common occurrences when a probate attorney is not hired is personal liability claims against the estate executor.  Personal liability is a common probate problem for the estate executor and can be quite costly.  Often executors are accused of making error when handling assets, reports, and creditors.  Having a probate attorney can help to relieve this burden and ensure that everything is handled appropriately and that all disbursements are made in accordance with the probate rulings.

(2) Probate attorneys can help to ensure the process moves as quickly as possible.  Often one of the greatest time delay impacts during probate is the copious amounts of paperwork which is not only time consuming but those not experienced in this process are often delayed due to errors.  This is another function that Probate Attorneys can help to eliminate with reduced errors and ensuring that the appropriate timelines are met.

(3) One of the greatest impacts that a Probate Attorney can assist with is reducing the potential for disputes.  Expensive and time consuming are the most common complaints with probate litigation and this can be significantly reduced if the estate handled by a qualified Probate Attorney.  An attorney’s job is to resolve any disputes early in the process quickly to ensure that the probate moves along and is done so in the least expensive manner as possible.

(4) Finally, the greatest benefit of speeding up the Probate process, reducing the amount of time the executor must spend on the process, and reducing the potential or resolving disputes is the minimization of stress that is placed on the family during this already highly emotionally charged time in a family’s life.  Probate attorneys have the ability to reduce the impact that monetary facets can place on a family and ensure that the best interest of the heirs and the personal assets of the deceased are handled appropriately.  Hiring a Probate Attorney places, a third party between the executor, and the heirs and will allow the family to focus on their family needs and the emotional toll that death can take on a family.

Trying to administer an estate during probate requires a person to have specialized legal knowledge. These types of attorneys are highly knowledgeable. They understand all of the complexities of probate law, and they are also aware of the current changes in the laws. A person who does not have this type of knowledge does not have the training to handle the intricate details of probate law effectively.

Contact Us