what is probate estate lawyer

How to become a probate lawyer?

The following are examples of assets typically subject to probate:

• Real property the decedent owns alone;
• Ownership of the decedent’s portion of assets as tenants in common;
• Personal property with high value, including jewelry, artwork, and vehicles;
• Upon the death of a decedent, assets must transfer into a trust (like a testamentary trust);
• Accounts that have not been made transferable or payable on death.

Can an estate probate attorney help you?

While these are some of the main tasks that an estate probate attorney can help you to do when settling a loved one’s estate, there are many other tasks that they can also help with. An estate probate attorney is a knowledgeable person who can help you navigate a complicated and emotional process with a lot less stress.

How you can employ a probate lawyer?

What Does a Probate Lawyer Do?

1. Keep the Family from Conflict. Hiring a probate attorney is a great way to prevent needless family conflict. ...
2. Access the Estate Faster. Probating can be a lengthy process – it often takes over a year. ...
3. Prevent Claims Against the Estate. ...
4. Prevent Rejection. ...
5. Answer Questions. ...
6. Deal with Debts Properly. ...
7. Avoid Overpaying. ...
8. Stay Away from Lawsuits. ...

More items...

How to find a probate attorney?

• Biographical information, including undergrad, law school, years practicing. Do they appear to have expertise in the area of probate, trusts and estates, or estate planning?
• Online search results. ...
• References. ...
• State bar association. ...
• Additional certifications. ...
• Membership in local, state, or national associations. ...
• Payment. ...
• Your special needs. ...

What Does a Probate Attorney Do?

In the simplest situations, they are knowledgeable on probate law and the nuances of specific state laws, and they may give legal advice, answer questions or direct the personal representative through the steps to complete the probate process.

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.

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 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 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.

Do you need a probate attorney for an estate?

Not all estates will need to hire a probate attorney. If the assets include a named beneficiary and the estate is below a certain dollar amount for value, the personal representative may not even need to go through probate.

How to probate an estate?

The first step in probating an estate is to file a petition to open probate with the probate court. This is generally the county court where the decedent lived or had their property. Some states have a separate probate court, which handles only probate matters. An executor or other interested party can file the petition along with a copy of the death certificate.

What does an executor do when an estate is in probate?

While an estate is in probate, the executor or personal representative must secure and manage the assets. This may include getting certain assets into a physical location or taking steps to protect those assets. For instance, the executor would pay the utilities on a home or business property or other real estate. They might need to pay employees in a business owned by the decedent.

When Must an Estate Go Through Probate?

Not all estates will go through the probate process. Each state has a list of requirements that allow certain estates to avoid probate. In most cases, it has to do with the size or value of the estate. Some states require the estate to be only personal property with no real property included. Others allow for real property but require there to be only one heir. To know if an estate must be probated, you should check with your state laws or a probate attorney.

What Assets Can be Excluded from a Probated Estate?

Not all assets owned by the decedent must go through probate. Certain assets may be exempt for various reasons. For instance, assets with a designated beneficiary would automatically go to that person and not be included in the inventory of the estate for probate. A prime example is a life insurance policy with a child or other person listed as the beneficiary. Other types of assets in this category include bank accounts, retirement accounts, investment accounts.

What are some examples of assets that are probated?

Any items that belong to the decedent but aren’t declared in writing would likely be included in probate. Some examples include jewelry, furniture, household items, and personal belongings.

What happens to an estate after death?

After a person dies, their estate must be dispersed to the appropriate beneficiaries. This generally happens through a legal process known as probate. A probate estate is one that must go through this process before their heirs can take ownership. Not all estates must be probated, which is why it is important to know what criteria determine whether probate is necessary and the steps you can take to avoid the probate process as well as what to do when it is required.

What is required to be filed with the probate court after death?

All states require that the death certificate be filed with the probate court. An affidavit is often used in this procedure to show that the person is entitled to the estate.

The Role Of an Estate Attorney

Estate attorneys, or estate planning attorneys, are lawyers who help individuals to get their affairs in order before they pass away.

The Role of Probate Attorneys

Probate attorneys are a bit different. Though they can help to advise clients about the terms of their will before their death, probate attorneys have more responsibility after the individual has passed away. These attorneys are sometimes called “executors of the estate,” and they carry out the process of proving the will.

The Difference Between Probate and Estate Attorneys

This can be a lot of information to digest at once. To summarize, estate attorneys primarily handle a person’s assets before they die, whereas a probate attorney ensures that the person’s wishes are carried out after they die. The two are similar and sometimes have overlapping responsibilities, but that is the main distinction between them.

Do I Need An Estate Attorney?

It is never too early to hire an estate attorney. After you turn 18, you can create a will in the event that you unexpectedly pass away. Having such a document can be a significant relief to your family, and can ensure that they receive what is rightfully theirs if you do pass.

Do I Need a Probate Attorney?

In many cases, probate attorneys are not absolutely necessary. However, it is always best to hire one after the death of a loved one. As we mentioned, grief is a significant force; many people behave in ways that they otherwise wouldn’t while mourning, and it is not uncommon for an individual to contest a will.

Contact Sweeney Law

Here at Sweeney Law, we specialize in estate and probate law. Though we have practiced other areas of law, we find that probate and estate law has the greatest positive impact for others.

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. But even if there is only a Trust involved (and not a Will, thus no probate), a probate attorney could still help the Trustee administer the Trust.

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.

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 a probate lawyer?

A probate lawyer helps an executor or administrator to administer an estate after someone dies.

What is an estate lawyer?

An estate lawyer is a legal professional who assists people in planning their affairs to ensure the administration of their estate goes smoothly.

What is a probate litigation attorney?

Probate litigation attorneys are lawyers that represent clients in contested probate court proceedings to resolve disputes such as will and trust contests, breaches of fiduciary duty by executors and trustees, and contested personal representative appointments, and if those matters cannot be resolved to take those cases to trial.

Estate and Probate Law – Before and After Death

The easiest way to remember the difference between a probate and an estate lawyer is when you need these specialist lawyers’ help. Generally speaking, an estate lawyer or attorney helps you or your family plan for what will happen to your belongings, assets, debts, and other legal matters after your lifetime.

What Do Estate and Probate Lawyers Do?

You should meet with an estate lawyer, when possible, before you become incapacitated or there is a life or death emergency. Estate lawyers can help you and your family draft important documents that outline what happens to you, your property, and your other debts and assets in the event that you die or become incapacitated.

What Kind of Lawyer Do I Need?

What kind of lawyer you need usually depends on whether you’re planning for what will happen to your estate after your lifetime or you’re dealing with the death of a loved one and need help administering their estate.

Trust the Davidson Law Firm with Your Family Needs

Whether you’re planning for the future or dealing with the death or incapacity of a loved one, trust the legal experts at the Davidson Law Firm. Our lawyers are experienced in family law, estate planning, and probate law. If you’re not sure where to start, call us today for a consultation.