When someone passes away, their estate needs to be handled. Whether you have been named as the personal representative or are just a beneficiary, you can turn to a probate attorney for help. A probate lawyer can provide a range of services for a deceased person’s estate, from finding and securing the assets to paying off debts and distributing the remaining money to the beneficiaries.
Probate attorneys can also assist executors and administrators with navigating the process of handling a deceased person’s estate. They can find and secure the assets, file and prepare probate court documents, advise the executor or administrator on the legal process for administering an estate and provide other guidance as needed.
Typically, the first step is to locate and gather the decedent’s assets. This involves securing appraisals on real property, jewelry, vehicles and other types of personal belongings. If there are any liens or claims against the estate, a probate lawyer can help settle those issues and avoid further trouble down the line.
The second step is to find the right executor or administrator for the estate. Usually, a relative or other close family member is chosen to handle the estate. If that person is not willing or available to act, a probate attorney can help secure what are called “renunciations” from the deceased’s other relatives.
Once the renunciations have been secured, a lawyer can start preparing the probate petition and supporting documents. The preparation stage typically takes 2-4 weeks. During this time, the client will sign all necessary documents, obtain waivers and consents from the other heirs and witnesses, prepare affidavits, staple affidavits and submit the papers to the Surrogate for review. Once all of these things are complete, the attorney can then file the petition and the other documents with the court for review.
If the decedent did not have a will, the probate attorney can help the executor or administrator handle the process of distributing the estate assets according to state intestacy laws. These laws determine who gets what assets and how much is shared among heirs.
A probate attorney can also assist with dividing and selling real estate that is owned by a deceased person. They can ensure that the properties are distributed in a timely manner and in strict compliance with the laws of the state.
Another thing that a probate lawyer can do is represent people who disagree with how the estate is being administered by an executor or administrator. They can help clients who believe that the executor is shirking their fiduciary duties, wasting or mishandling the estate’s assets or unfairly disinheriting them.
Other roles that a probate attorney can fill include determining the value of the estate’s assets and debts. They can also help with distributing assets or debts to beneficiaries, settling tax accounts, and defending against creditor claims.
Finally, a probate lawyer can help clients with obtaining title to the deceased’s assets and collecting a decedent’s life insurance proceeds. They can help with securing bank accounts and security boxes, identifying any other valuables and ensuring that they are secure until the distribution of the assets is completed.