what a probate lawyer actually does

by Lester Jaskolski 4 min read

What is a Probate Lawyer/Attorney and Why Do I Need One: Key Takeaways

  • A probate lawyer guides the executors of an estate through the probate process.
  • A probate lawyer might provide helpful assistance to the executor on more complex matters that relate to closing an estate.
  • Bigger and more complex estates usually require a probate lawyer more than a relatively small estate does.

A probate attorney handles the process of estate administration after a person dies. They may even serve as an executor or administrator of an estate if the person has no one else to designate. An estate planning attorney works with living clients to draft wills, trusts, living trusts, and powers of attorney.May 20, 2022

Full Answer

What are the main duties of a probate attorney?

  • Important Facts About This Occupation
  • Education and Skills. If you're a prospective estate lawyer, you typically must attend law school to earn your Juris Doctor degree, and then pass your state's bar exam.
  • Salary Information and Job Outlook. As of March 2021, Payscale.com reported that estate planning attorneys made a median annual wage of $78,000.

What is a probate attorney and what do they do?

  • Collecting proceeds from life insurance policies
  • Identifying and securing estate assets
  • Obtaining appraisals for the decedent’s real property
  • Assisting in the payment of bills and debts
  • Preparing and filing all documents required by a probate court
  • Determining if any estate or inheritance taxes are due, and making sure those debts are satisfied

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How much do lawyers charge for probate?

Lawyers usually use one of three methods to charge for probate work: by the hour, a flat fee, or a percentage of the value of the estate assets. Your lawyer may let you pick how you pay—for example, $250/hour or a $1,500 flat fee for handling a routine probate case. Many probate lawyers bill clients by the hour.

Can probate be done without lawyer?

You can act as executor or administrator of a probate estate without an attorney in most cases. To be successful, you'll have to understand the local rules in your state and county, as well as the laws regarding the rights, duties and responsibilities of an estate administrator or executor.

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