Peter B. Brautigam

Probate is the legal process used to carry out a person's will after their death; a probate attorney advises you on how to perform the steps in the process. In general, once you have identified and collected the dead person's belongings, including their money, property, and other assets, you pay the person's debts and taxes. Once all debts have been paid, you distribute their money and property according to the language of the will. If there is no will, the laws of the state where the dead person lived control how the property is distributed. A probate attorney helps you plan what happens to your property when you die, as they can probate wills and act as your probate court estate representative. A probate attorney also represents family members and beneficiaries wishing to challenge wills.

"Estate" is the legal term used to define your property and money—basically, everything that belongs to you. Estate planning attorneys tell you different strategies you can use to transfer your belongings after you die. By planning your estate, you can maximize its value by minimizing taxes and eliminating court costs and interference. Estate planning attorneys also help you control and protect your estate during your lifetime, by writing documents that allow you to transfer property and money to children, charities, or others in a way you desire.