A Probate Attorney is a legal professional who handles estate matters, including probate. This can be a complicated process that requires the expertise of an experienced attorney. A lawyer can help ensure that the executor of the estate follows all the required procedures and deadlines. In addition, a lawyer can handle any legal challenges that may arise during the course of the probate process. A Probate Attorney can also assist with locating, marshaling and liquidating assets, preparing tax returns and obtaining court approval for certain actions. A lawyer can also assist with a variety of other tasks such as generating reports, serving notice to creditors and heirs, filing legal documents with the court and accompanying the administrator or executor to court appearances.
Many people choose to hire a probate attorney during the estate planning process. This can prevent a great deal of stress, disagreements and expense during the probate process after a loved one passes away. During the planning process, an attorney can help you set up living trusts and other tools that will avoid probate altogether.
A probate attorney can also handle other types of estate matters, such as contested wills. This can happen if a beneficiary believes that the will is not valid or was written under duress or undue influence. A probate attorney can examine the evidence and represent a party in a court challenge.
Some states allow a probate attorney to be paid a percentage of the estate value. This can be a great benefit for families that are not wealthy and can reduce the amount of estate taxes paid. However, it is important to note that the probate attorney will still need to perform a number of essential duties and can be expensive.
In some cases, a person may decide to handle the majority of the probate process on their own. This can save the estate a significant amount of money, but it is important to consult with a probate attorney before taking on this responsibility. The attorney can explain the process, what to expect and how to avoid common mistakes.
The cost of hiring a Probate Attorney can vary greatly depending on the complexity of the estate, how long the process takes and whether or not there are any legal challenges. Most attorneys charge an hourly rate, which varies by location and how specialized they are. The costs can add up quickly, especially if the attorney is handling complex or high-value estates. To control the cost, it is often wise to make an agreement with the attorney regarding what tasks they will handle and which ones the executor or administrator will handle on their own. This can prevent duplicated efforts that can result in higher fees and also prevent important tasks from falling through the cracks.
