Legal Guide

What Does a Probate Lawyer Do?

Good estate planning ensures that all your assets are correctly documented for an easy succession process. Did you know that a probate process can cost up to 7% or more of an estate?

The probate process focuses on legal aspects of the transfer of ownership of the property to the intended beneficiaries. This process often causes complications and wrangles among the beneficiaries. However, with the help of a good probate lawyer, the process should be easy and manageable.

If you are looking for a lawyer to handle the succession of property, then read on. This guide provides you with in-depth answers about who is a probate lawyer and their roles.

Who Is a Probate Lawyer?

A probate lawyer is a legal professional responsible for handling the succession of the property. They review wills to check their authenticity and validity.

A will is only valid after identification, recording, and appraisal of the deceased person's assets. The lawyer should also evaluate the will to check for any mistakes.

Qualifications of a Probate Lawyer

A good probate lawyer should ensure legal and fair distribution of the clients' wishes. Before you hire a lawyer to help you in the probate process, you should ensure that they meet the necessary qualifications.

They should have an educational background in law and pass the state bar exams. You can check with your state's bar to confirm the licensing of the probate lawyer.

Roles of a Probate Lawyer

The roles of a probate lawyer are dependent on whether the decedent died testate or intestate. There was a will before the death in a testate scenario, while intestate means there is no will.

The probate attorney is responsible for the following roles:

  • Advising on the validity of a will
  • Ensuring payment of taxes or debts of the deceased
  • Identifying and finding beneficiaries and next of kin
  • Preparing and filing documents required to support the transfer of property to beneficiaries
  • Making final distribution of assets and closing the estate

When Do You Hire a Probate Lawyer?

An executor is responsible for identifying and collecting the assets of the deceased. They should also help in the payment of debts, liabilities, or taxes preceding the death.

The executor should then seek legal help from a probate lawyer. The lawyers advise the executor on all legal matters pertaining to the administration of estates.

Taking up the role of an executor can be intimidating. But worry no more! Here we help you find the best probate lawyer to walk with you along this journey.

If there is no will, you should consider hiring an attorney to assist the executor in distributing the inheritance according to state laws.

Hiring a Probate Lawyer

The succession or sharing of inheritance can be an overwhelming and confounding process. However, with the help of a probate lawyer, the assets will be distributed following the law.

The guide above provides comprehensive information regarding probate lawyers. You can now decide whether you need a lawyer for your probate process.

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