When a person passes away, their estate – which includes their property, assets, and debts – must be distributed according to their wishes or state law. This process is known as probate, and it can be complex and time-consuming. That’s why many people turn to a probate attorney to guide them through the process.
What is a Probate Attorney?
A probate attorney is a lawyer who specializes in the legal process of probate. They are well-versed in the laws and regulations that govern the distribution of a deceased person’s estate. Probate attorneys can help executors or personal representatives of an estate navigate the probate process, ensure that all legal requirements are met, and provide guidance on how to distribute assets and settle debts.
What Does a Probate Attorney Do?
The role of a probate attorney can vary depending on the specific circumstances of the estate. However, some common duties of a probate attorney include:
- Advising the Executor or Personal Representative: The executor or personal representative of an estate is responsible for overseeing the probate process. A probate attorney can provide guidance on their duties and help them navigate the legal requirements of probate.
- Identifying and Securing Assets: Before the estate can be distributed, all of the deceased person’s assets must be identified and secured. A probate attorney can help locate assets and ensure that they are properly valued.
- Settling Debts: The deceased person’s debts must be settled before the estate can be distributed. A probate attorney can help identify and settle debts, including negotiating with creditors if necessary.
- Distributing Assets: Once debts have been settled, the remaining assets can be distributed to heirs or beneficiaries. A probate attorney can help ensure that assets are distributed in accordance with the deceased person’s wishes or state law.
- Handling Disputes: Disputes can arise during the probate process, such as challenges to the validity of the will or disputes among heirs. A probate attorney can represent the estate or beneficiaries in court and help resolve any disputes.
Why Might You Need a Probate Attorney?
If you are the executor or personal representative of an estate, or if you are an heir or beneficiary, you may need the assistance of a probate attorney. The probate process can be complex and confusing, especially if you are not familiar with the legal requirements involved. A probate attorney can help ensure that the probate process runs smoothly and that all legal requirements are met.
Additionally, if you are concerned about the validity of a will or believe that you are entitled to a larger share of an estate, a probate attorney can represent your interests and help resolve any disputes.
Choosing a Probate Attorney
When choosing a probate attorney, it’s important to find someone who is experienced in probate law and who has a track record of success. You may want to ask for recommendations from friends or family members, or do research online to find a qualified probate attorney in your area.
It’s also important to consider the attorney’s fees. Many probate attorneys charge a percentage of the estate as their fee, so it’s important to understand the costs involved before hiring an attorney.
Conclusion
The probate process can be complex and time-consuming, but with the help of a qualified probate attorney, it can be much easier to navigate. Whether you are the executor of an estate or an heir or beneficiary, a probate attorney can help ensure that the probate process runs smoothly and that all legal requirements are met. When choosing a probate attorney, be sure to find someone with experience in probate law and who you feel comfortable working with.
Mark Attorney 