what does a probate lawyer do

Probate lawyers can help with a variety of tasks, including:

• Determining and collecting life insurance policy;
• Determining and paying inheritance taxes;
• Paying estate income taxes;
• Identifying all estate assets;
• Distributing and settling the estate;
• Opening/managing estate checking accounts;
• Determining and paying all debts and final bills;
• Prepare/file probate court documents;
• Retitling assets to beneficiaries;

Full Answer

What are the main duties of a probate attorney?

A probate lawyer is a state licensed attorney who works with the executors and the beneficiaries of an estate to settle the affairs of the decedent. In some instances, probate can be avoided if all the decedent’s assets have been placed in a trust. A trust can ensure a smooth transfer of property outside of court and legal proceedings.

How much do lawyers charge for probate?

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: Appraising the property of the person who passed away Securing all that person's assets

Can probate be done without lawyer?

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 …

How do we file for probate without an attorney?

Aug 09, 2021 · According to All Law, a probate lawyer is a state licensed attorney who works with the executors and the beneficiaries of an estate to settle the affairs of the decedent. So a probate lawyer would be the person to go to to help with determining how to divide assets from your mother or father after they pass.

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 are the duties of a life insurance agent?

Some of the jobs they might take care of including the following: 1 Appraising the property of the person who passed away 2 Securing all that person's assets 3 Finding out how much (if any) estate taxes are owed 4 Handling the proceeds from life insurance 5 Filling out any necessary documents

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.

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 if someone dies without a will?

If someone dies without a will, all their assets must be dispersed according to intestacy laws. In other words, the state will distribute the assets—regardless of what the person may have wanted. 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) ...

Who is Aaron DeBruin?

Aaron De Bruin is an Estate Planning and Criminal Defense attorney serving Greenville, SC and the surrounding upstate. Aaron fights for the rights of every one of his clients works hard to make sure they are treated fairly – no matter how small or large a legal case may be.

What is a 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.

What Does a Probate Attorney Do?

Also known as a probate lawyer, probate attorneys are hired to help settle an estate. After the death of a loved one, their Estate Plan dictates the next steps. If they have a Will, probate will be necessary. Trusts won’t go through probate, which can sometimes make the process a bit less complicated and much more private.

Do I Need a Lawyer for Probate?

Whether or not you need a probate lawyer will depend on multiple factors and scenarios. You’ll want to consider things like:

Questions to Ask a Probate Attorney

If you do end up using a probate attorney, there are a few things you should know before retaining one. Asking questions up front will ensure there are no (costly) surprises along the way. Use the following list to help you find an attorney who will be the right fit for your exact needs.

What is the job of a probate court?

Obtaining appraisals for the decedent’s real property. Preparing and filing all documents required by a probate court. Determining if any estate or inheritance taxes are due, and making sure the estate pays these debts. Transferring assets in the decedent’s name to the appropriate beneficiaries.

How to deal with creditors in probate?

A probate lawyer can be especially helpful when dealing with creditors or other beneficiaries. Initially, the court appoints a personal representative to an estate. Once this occurs, a Notice of Appointment, Notice to Creditors, and Notice to Unknown heirs must be published by the personal representative in local newspapers where the principal of the estate lived. After this, creditors to the principal will have six months after the first publication to file claims against the estate. Once this period passes, creditors cannot bring forth claims. A probate attorney will help you notify creditors by ensuring that you make an informative ad and place the ad into the proper newspapers to avoid a creditor bringing litigation against you or the estate.

What happens to assets when someone passes away?

When someone passes away, their assets—whether they consist of real estate, financial accounts, or personal property—must pass through probate if they are not placed into a trust. There are many complex and moving parts that one must navigate if they are to successfully complete the probate process. Thus, hiring a knowledgeable and experienced ...

What is probate in DC?

Probate is the court proceeding where a will is verified, and an estate is administered according to the terms of the will. Probate is also used where no will exists, in which case an estate will be administered under the terms of DC law. The process includes the collection of assets, the liquidation of liabilities, the payment of taxes, ...

What happens to an estate when a spouse dies?

For example, if the person who dies has a spouse, the spouse will likely receive all the estates assets. However, each state has different intestacy laws so the distribution of assets to family members could vary widely. In cases of intestacy, a probate lawyer will typically assist the administrator of the estate with distributing ...

What happens if you die without a will?

If you die under the intestate definition, the administrator of the estate will have to distribute all the assets within an estate according to a state’s intestacy laws.

What happens if someone challenges a will?

This is an extremely important portion of the process as if someone challenges the will during the probate process, the court will have to stop what they are doing and have a formal hearing where they review the validity of a will.

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.

Do you need an attorney to probate an estate?

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. In all other states, you are permitted to probate an estate on your own.

What does a probate attorney do?

The probate attorney will manage the finances of the estate, take care of all debts, and file all relevant taxes. In the final step, the probate attorney will oversee the distribution of assets to the relevant beneficiaries and heirs.

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?

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.