A probate attorney is an estate lawyer who helps the personal representative of a deceased person’s estate through the process of distributing assets after their death. They are responsible for preparing and filing all necessary documents with the court as well as providing legal counsel to the executor of the will.
What Does a Probate Attorney Do?
A Probate Attorney is an attorney who specializes in helping people navigate the complicated estate administration and probate process after a loved one has passed away. They offer guidance and assistance to the executor or personal representative, as well as to beneficiaries of the will.
They also handle contested cases that arise during the probate process, such as when creditors put in a claim against the estate which the personal representative denies or if beneficiaries challenge a will. They can help make complex issues more manageable and ensure that the estate is completed in a timely manner.
What Are the Most Common Roles of a Probate Attorney?
A probate lawyer typically focuses on the management of the decedent’s estate and real property. They can help identify and appraise the property, ensure that debts are paid, and transfer the estate assets to the heirs. They also help with any tax liabilities that may be associated with the estate.
How Much Does a Probate Lawyer Cost?
Probate lawyers usually charge a percentage of the value of the estate. This fee varies depending on the attorney’s experience, geographical location and whether they offer consultation services or are involved in all of the aspects of the process.
What Are the Most Common Tasks of a Probate Attorney?
The most common tasks of a probate lawyer include analyzing a will to determine if it was written under duress or undue influence and representing the estate in court when there is a dispute over a will. If there is a legal challenge to the will, such as if a second set of children from a previous marriage didn’t receive equal shares in the estate, a probate lawyer would act as a mediator to settle the case and represent the decedent’s wishes in court.
If a business is part of the estate, a probate lawyer will be needed to close the company or sell it to the heirs. If there is a partnership, the heirs may need to negotiate and sign a contract with the owner before they can receive their share of ownership.
What Are the Most Important Questions to Ask a Probate Lawyer?
A good probate lawyer will be familiar with the rules and procedures that govern their state’s court system. This includes local laws that may differ from state to state. They will also know the ways that judges prefer to conduct their proceedings.
How Long Will It Take for the Probate to Be Completed?
The amount of time that it will take for a probate lawyer to complete the entire probate process will vary, depending on the complexity of the estate. It will also depend on how quickly the lawyer is able to communicate with the court and answer any questions that may arise during the process.
