When a loved one passes on, they typically leave behind an estate that needs managing and distribution. This process, called probate, involves validating the deceased’s will (if one exists) and overseeing asset distribution to beneficiaries. If the deceased did not leave a will, the state’s intestate succession laws determine how the estate will be distributed.
That said, probate can be a lengthy and complex procedure involving multiple steps to ensure the proper settlement of the deceased’s affairs. This is where a probate attorney enters the fray.
Who Is a Probate Attorney, and What Is Their Role?
A probate lawyer can offer invaluable assistance during this difficult time. They are state-licensed attorneys who guide executors, beneficiaries, and families through the legal process of managing and distributing a deceased person’s estate.
Let’s explore some of the critical responsibilities and tasks that a probate lawyer undertakes:
Estate Administration
Probate lawyers assist in estate administration, working closely with the executor or personal representative appointed by the deceased. They help identify and inventory assets, after which they distribute assets to the rightful beneficiaries according to the terms of the will or applicable laws.
Document Preparation and Filing
Probate involves a significant amount of paperwork. A probate lawyer prepares and files all necessary documents with the probate court on their client’s behalf. These documents would include:
- The will
- Inventory of assets
- Notices and petitions
- Any other legal forms required by the court
- Knightstone Legal specializes in providing expert guidance and support through the probate process, ensuring that all documentation is accurately prepared and filed to facilitate a smooth settlement of the deceased’s affairs.
Management of the Estate’s Finances
A probate lawyer also assists in managing the financial aspects of the estate. This includes collecting proceeds from life insurance policies, paying off any existing debts and bills, and overseeing any necessary property appraisals.
Probate Court Representation
Probate lawyers represent their clients in probate court proceedings. They attend hearings and advocate for their client’s interests before the court.
Payment of Debts and Taxes
The probate lawyer assists in identifying any debts or taxes the estate owes. They ensure these are paid off before the distribution of assets to the beneficiaries. This could involve resolving income tax issues, determining if any estate or inheritance taxes are due, and ensuring those debts are satisfied.
Asset Management and Distribution
As part of their role, probate lawyers help transfer ownership of assets to beneficiaries, ensuring that the proper legal procedures are followed. This may involve retitling real estate, transferring funds, or handling other types of assets according to the terms of the will or applicable laws.
Finding the Right Probate Lawyer
Choosing the right probate lawyer takes work. It can be an even more challenging task in light of the circumstances. Here are some tips to help you narrow down the right attorney:
- Get Recommendations: Word of mouth can be powerful. Ask friends, family, or colleagues if they can recommend a good probate lawyer.
- Check Online Directories: Websites such as the American Bar Association (ABA) offer online directories of lawyers by specialty and location.
- Schedule Consultations: Most probate lawyers offer free initial consultations. This meeting can give you a sense of the lawyer’s style, approach, and fees.
To Sum It Up
Hiring a probate attorney can bring invaluable peace of mind and guidance, ensuring that your loved one’s estate is managed and distributed in a legally compliant and efficient manner.
Thus, it’s essential to conduct thorough research and consult with multiple lawyers before making a hire. This will help you find a probate lawyer with the necessary expertise and aligns with your comfort level.
Also Read: For Comprehensive Services On Diverse Legal Cases Approach A Personal Injury Lawyer!
