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Why Hire a Probate Attorney?

Probate is the court-supervised process for distributing the assets of a deceased person. If you’re dealing with the estate of a deceased loved one, hiring a probate attorney can be crucial for navigating the complexities of the probate process and ensuring that the estate is settled according to the law.

Why hire a lawyer?

A probate lawyer can give you the peace of mind of knowing that your loved one’s estate is being handled properly and legally. It’s especially important to think about hiring an attorney if any of the following apply to you:

You are unsure about the probate process and what steps to take.
You anticipate disputes among family members or beneficiaries.
You have a claim to an inheritance that you’re afraid might not be honored.
The estate includes complex assets, such as real estate, businesses, or investments.
You are concerned about potential estate taxes or debts that need to be settled.
You are the executor of the estate and need assistance with your legal responsibilities.
The deceased owned property in multiple states.
You want to ensure that the probate process is completed efficiently and in compliance with state laws.

In short, you should consider hiring a probate attorney if the estate is complex or you don’t feel comfortable handling probate on your own.

What can a lawyer do for you?

A probate attorney can help you navigate probate and ensure that all necessary documents are properly prepared and filed. An attorney’s responsibilities can include:

Filing the will with the probate court and initiating the probate process
Assisting with the appointment of the executor or personal representative
Contesting a will or the executor’s appointment
Advising on the inventory and valuation of the deceased’s assets
Helping to settle debts and taxes owed by the estate, and
Distributing assets to beneficiaries according to the will or state law.

An attorney can also advise on strategies to:

Minimize estate taxes and avoid unnecessary expenses
Address disputes among beneficiaries or family members, and
Ensure compliance with state probate laws and regulations.

Did you know?

According to a survey by SeniorLiving.org, it costs $14,225 on average to settle an estate.

Common Questions About Probate

Probate is the legal process through which a deceased person's assets are distributed to their heirs and beneficiaries, ensuring that debts are settled and the estate is properly managed.

Q: I'm the executor. Can an attorney help me navigate the probate process?

Yes, a probate attorney can guide you through the probate process, ensuring that all legal requirements are met and that the estate is settled in compliance with state laws. They can represent you in court and help address any challenges that may arise.

Q: Can a probate attorney help me challenge a will?

Challenging a will is difficult, but a probate attorney can help you determine if there's a legal reason to contest the will. A lawyer can raise arguments about the will's validity, including:

The will isn't properly signed or witnessed. Someone used fraud or undue influence to make the will maker sign the will.
There's evidence that the will maker revoked the will.
The will maker didn't have the mental capacity to create and sign a will.

Q: What happens if there is no will?

If a person dies without a will (intestate), their estate will be distributed according to state laws. This can lead to complications and disputes among family members, as the distribution may not align with the deceased's wishes.

Q: Can a probate attorney help me avoid probate?

If you want to avoid probate, you should consult with an estate planning attorney. Estate planning attorneys deal with estates before a person's death, while probate attorneys handle estates after death. Estate planning attorneys advise on strategies to avoid probate, such as trusts and beneficiary designations. Probate attorneys, on the other hand, can help minimize the cost and impact of probate after the probate process has begun. With that said, most probate attorneys also handle estate planning matters and should be able to help you create trusts, wills, and other estate planning documents.

Q: What if there are disputes among beneficiaries?

If disputes arise among beneficiaries, a probate attorney can help mediate conflicts and represent your interests in court if necessary. They can provide legal guidance on how to resolve disputes and ensure that the probate process continues smoothly.

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