What Is Probate Attorney? Should You Hire One?

Probate Attorney
47101906 – probate title on legal documents

You must adhere to certain deadlines and obligations if you are appointed executor of an estate. An experienced probate attorney will help you meet your legal obligations and ensure that deadlines are met.

Some assets will automatically pass to the spouse who has died, but beneficiaries and heirs might need to wait until probate is completed before they receive their inheritance. An attorney can assist with the identification of estate assets that need to go through probate and those that could be bypassed.

What’s A Probate Lawyer?

They are also known as succession and probate lawyers. They help executors navigate inheritance and probate laws. They can also assist with estate planning, including the drafting and execution of trusts or wills.

The state licenses probate lawyers and they can help you navigate the complexities of state laws.

What Is A Probate Lawyer?

Probate lawyers work with the surviving spouses or families to settle the estates of their loved ones. The attorney-client relationship is just like other types of lawyers. It protects sensitive or confidential information.

Probate lawyers can help you plan your estate so that your assets don’t have to go through probate. Instead, assets from the estate of the deceased can be passed directly to the spouse, family members, and heirs as well as beneficiaries.

A probate lawyer may also represent an heir to an inheritance (a beneficiary), a personal representative of the estate, or both.

When Should You Hire A Probate Attorney?

The amount of your estate, the state law details, and whether you have a will to follow, all impact whether or not you require legal advice. To help survivors decide if an attorney is necessary, most probate lawyers offer a free consultation.

If the deceased has no will, a probate attorney may be able to help. This is known as dying intestate. This is where state intestacy laws govern how assets of the deceased are distributed to heirs or beneficiaries.

A probate lawyer is familiar with the laws in each state and the steps that must be taken to transfer the assets of the deceased. A probate lawyer will know how to pay estate taxes and inheritance taxes.

What A Probate Lawyer Can Do?

  • You or the executor can get help from a probate attorney.
  • All paperwork must be completed and filed with the court by the deadline.
  • We will guide you through the inventory and valuation of your estate.
  • Make sure all documentation and paperwork are properly completed
  • Be responsible for the estate’s debts
  • Assist the executor in completing their many duties and responsibilities.
  • Assist in final distributions to heirs or beneficiaries
  • You don’t need to hand everything over to a lawyer – these are the types

Although you don’t have to give everything to a probate lawyer, it is important to ensure that they are fully informed about your estate to properly guide you.

Your probate attorney might request information regarding retirement accounts, life insurance policies, and bank accounts.

The rule of thumb is that assets with named beneficiaries may be exempted from probate. If cash life insurance policies have named beneficiaries then the proceeds of life insurance may not need to be included in probate.

 

 

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