what can a probate lawyer do

Specifically, here are some of the common tasks a probate lawyer may assist an executor and beneficiaries with during the probate process:

• 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...

Full Answer

What are the main duties of a probate attorney?

Specifically, here are some of the common tasks a probate lawyer may assist an executor and beneficiaries with during the probate process: Collecting proceeds from life insurance policies Identifying and securing estate assets Obtaining appraisals for the decedent’s real property Assisting in the ...

What exactly does a probate lawyer do?

They will agree to provide limited services—for example, answering your questions during the probate process—while you take on other tasks traditionally done by the lawyer, such as drawing up the probate court papers. Especially if your court provides fill-in-the-blanks probate forms, this kind of arrangement may be good for you.

Will you need to hire a probate lawyer?

This process can often be complicated and confusing. That's where a probate lawyer comes in. This type of lawyer is well versed in all the probate laws in your state, and their job is to guide the executor of will through the process and help with any difficult steps. Some of the jobs they might take care of including the following:

How much do lawyers charge for probate?

May 10, 2022 · A probate attorney can investigate and represent you throughout this litigation process. Common Reasons to Appoint a Probate Attorney. Lack of estate accounts – When estate administrators are taking an excessive amount of time providing accounts, it may be necessary to initiate probate litigation.

Who does a probate attorney represent?

Who does a probate attorney represent? Probate attorneys generally either represent an heir to an estate (a beneficiary) or the personal representative or the estate itself. Though it rarely happens, they can occasionally play more than one role.

What is probate attorney?

A probate attorney is a state-licensed lawyer who can help the Executor of a Will (if one was appointed) or the beneficiaries of an estate get through probate as they work to settle an estate. Their services could typically include everything from finding and inventorying assets of the estate, to understanding and paying all the debts the estate may have, to distributing and settling the estate, and more.

How long does probate take?

This one can widely vary. It’s not often that a probate case takes years, but it’s been known to happen. The longer things drag on, the more expensive they can become - knowing ahead of time how long your attorney estimates the process to be can be helpful (particularly if they will be charging you hourly). Keep in mind, there can be unanticipated delays that arise.

How stressful is probate?

Probate can be long, arduous and stressful...not to mention expensive and time consuming. Navigating it on your own can feel like just too much after losing your loved one.

When does probate begin?

If needed, probate begins soon after you lose a loved one. Probate is a legal proceeding validating a Will (in cases where the decedent has one) to settle an estate. If the decedent passes away without a Will (or other Estate Plan in place), it’s said he or she died intestate, and the estate would go through probate in this instance, too.

Can a decedent have probate?

If the decedent had just a Will, there’s no way around it: you’re going to have to deal with probate. So the next logical step is to evaluate how complicated the estate is, and thereby how difficult probate will be. Obviously, the more complicated an estate is, the more alluring an attorney may seem. If the decedent had a well-set up Trust in place, on the other hand, a probate attorney may not be necessary at all.

Do probate attorneys charge for estate planning?

Probate attorneys are qualified to help with the actual Estate Planning process too, although they tend to charge a high fee for the basics like setting up guardianship, creating a Will or writing a Trust. Online companies like Trust & Will make personalized Estate Planning easy, convenient and affordable, all without the involvement (and cost!) of an outside attorney.

What is probate attorney?

A probate lawyer may also be known as an estate attorney. The two terms technically mean the same thing. Sometimes people associate an estate attorney with a probate process that is larger and has more assets.

What can a probate lawyer do to help pay debts?

Once the inventory is complete and creditors have been notified, the probate lawyer can help pay the debts of the estate. They may also assist with selling off assets to pay those debts if there aren’t enough liquid assets.

What does a lawyer do after a will is paid?

Once the debts and taxes have been paid, the lawyer can help transfer assets from the decedent to the beneficiaries according to the directives in the will or according to state laws. They may be responsible for distributing the assets and closing probate for the estate once everything is finished.

What happens if a contract is needed during probate?

If a contract is necessary during probate, a probate attorney may need to draft the document. For instance, a group of three siblings each inherits their parents’ home. Two of the siblings want to sell, but the third sibling wants to live in the home. The other two would need to sell their portions to the third sibling. A contract would be necessary to sell the property to the third sibling.

What happens when a business is owned by a deceased person?

When an estate includes a business owned by the deceased, a lawyer is often needed to close the business, sell it or transfer ownership legally. If the business was a partnership, the decedent’s portion must be sold or transferred to the partner.

Can a lawyer work with an estate?

However, the lawyer can work with estates of any size as they go through probate. The lawyer can even guide the personal representative or beneficiaries to know when probate isn’t required.

Who is responsible for probate?

There are numerous steps to the process which the personal representative is responsible to complete. They can also be held liable for mistakes that may occur during the process. A probate lawyer can help them navigate this complicated situation.

How long do you have to keep a probate case open?

State law requires you to keep the probate case open for months, to give people time to come forward with disputes or claims—but in most probates, beneficiaries don't argue about anything in court, and few creditors submit formal claims. By all means, ask the lawyer any questions you have about the proceeding.

What to do when winding up an estate?

When you're winding up an estate, there's usually a lot of legwork to be done—things like making phone calls and gathering documents. Many of these tasks don't need to be done by someone with a law degree. So if you're paying the lawyer by the hour, you'll probably want to volunteer to take on some of this work yourself.

Do lawyers take responsibility for probate?

In other words, many lawyers no longer insist on taking responsibility for all the work of a probate case.

Why do you need a probate lawyer?

Most importantly, however, hiring a probate lawyer will help you focus on what really matters, which is mourning your loved one who passed away and being with family and friends.

How many years of experience do probate lawyers have?

Any probate lawyer you work with should have at least several years of experience. If your case is complicated, you should also make sure they have worked in similar circumstances. This way you know they can handle any problems that come up along the way.

What to do if someone passes away with life insurance?

Handling the proceeds from life insurance. Filling out any necessary documents. If the person who passed away had any debt or bills they failed to pay, a probate lawyer will also advise the executor of will on the best way to handle these issues.

What happens when a person passes away?

When a person passes away, they leave behind a number of assets, such as their personal belongings, a home, money, etc. Most people appoint an executor of will to be in charge of disbursing these assets to any other beneficiaries. This process can often be complicated and confusing.

Can a lawyer assist you with probate?

The true answer depends on what you need help with and where the lawyer would be able to assist you. These types of lawyers are specialized to be able to perform a number of tasks involved with the probate process on your behalf.

Can a probate lawyer help with an estate?

For cases like these, you can hire a probate lawyer to help the administrator of the estate (which is kind of like the executor of will) through the process. They may still be able to perform all the same jobs, but they may be limited by ...

Why do you need a probate lawyer?

1. You Can Save Time and Avoid Personal Liability. If you are the executor of a will, hiring a probate lawyer can save you from a host of problems. They can help you avoid any errors in identifying and categorizing assets, preparing reports, paying debtors, and distributing assets to the heirs. If you do this on your own, you could make ...

Why is probate important?

This is particularly important because it helps make sure the rightful beneficiaries can receive the maximum value of an asset.

What does probate mean in a will?

Probate refers to the process of executing the will of a deceased person and distributing their estate (their home, car, cash-based investments, retirement accounts, land, etc.) as per their wishes. If there is no will in place, then their assets can be disbursed according to state laws.

Who oversees the distribution of assets to the relevant beneficiaries and heirs?

In the final step, the probate attorney will oversee the distribution of assets to the relevant beneficiaries and heirs.

Can a probate lawyer help with a mortgage?

In this case, the probate lawyer can assist your family in managing mortgage payments. This can allow you to avoid any penalties on nonpayment. The same applies to tax filings.

Can a probate lawyer delay distribution?

It can also delay the distribution of assets. As we mentioned when discussing what does a probate lawyer do, they can also oversee other details in the probate process and save you time. There’s no predicting how long this process can take. However, if you have a probate lawyer by your side, you can expect it to complete more quickly.

Who oversees the probate process?

The probate attorney will also oversee the probate process and ensure the transfer of ownership of all assets to the relevant beneficiaries.

What does a probate attorney do?

What a probate attorney does. In general, a probate attorney manages the probate process. That means that they—or their paralegal or legal assistant—fill out forms to submit to the local probate court, get appraisals, keep track of relevant dates, and accompany you to court hearings if needed. These activities don’t require a law degree.

How much does a probate attorney charge?

Many probate attorneys charge a flat fee for probate cases. This fee could range from $3,000 to tens of thousands of dollars, depending on the attorney and the complexity of the estate. A flat fee provides certainty ...

What to do if you are named executor of an estate?

If you’ve been named executor of an estate or find yourself in a position to administer an estate, your first thought may be to hire a probate attorney. But before you rush to sign an agreement, you may want to think carefully about what a probate attorney does and whether you actually need one.

What is flat fee in probate?

A flat fee provides certainty to both the attorney and the client about the final cost of the project, but it may result in your paying for things you don’t actually need someone else to do — like a legal assistant filling out the probate forms.

How much does an attorney charge per hour?

While a flat fee is often the standard, more and more attorneys are willing to work on an hourly rate. Hourly rates could be anywhere from $150 to $300 or $400 per hour. With an hourly rate, you have the ability to limit your costs and contact the attorney only when you absolutely need to.

Which states require an executor to hire an attorney?

While many people think that the probate process must be handled by an attorney, only two states actually require that an executor hire an attorney for the process — Texas and Iowa. Florida also requires an attorney if there are more than two heirs.

Can you probate an estate on your own?

In all other states, you are permitted to probate an estate on your own . The probate process can be tedious, but in most cases, it’s also completely manageable by the average person as long as you can fill out forms, make phone calls, and follow instructions. And we’ve provided plenty of resources to help along the way.

What is the primary function of a probate lawyer?

A probate lawyer's primary function is to advise the personal representative of a deceased person's estate in the administration of the estate. Whether or not the deceased person (decedent) had a will, there are many legal requirements that must be followed in handling the estate.

Why is a probate attorney important?

The involvement of probate attorneys is especially helpful when there is a probate dispute. Unlike contract and business disputes, probate disputes are often about much more than assets. These conflicts are frequently complicated by grief and residual issues from previous family conflicts.

What is a personal representative?

The personal representative (sometimes also called an executor or estate administrator) has many responsibilities and is charged with protecting the rights of both creditors of the estate and heirs. Most personal representatives are family members who are not terribly familiar with probate law. The law recognizes that, for this reason, ...

Who can represent an estate in a probate case?

In cases where there is a probate dispute, an interested party such as an heir or creditor may retain a probate attorney to represent him or her. In such a case, the attorney retained by the estate would represent the personal representative. The involvement of probate attorneys is especially helpful when there is a probate dispute.

Can probate be a dispute in Ohio?

Most Ohio probate estates proceed without serious incident, but occasionally, there may be a dispute leading to probate litigation. The disagreement may be over ownership of certain property, how the personal representative is managing the estate, or the validity of a will. In cases where there is a probate dispute, ...