when do you need a probate lawyer?

Probate cases that may need a probate lawyer are when there is some complicating factor, such as when:

• The authenticity of the will is disputed;
• Heirs disagree about who the representative of the estate should be;
• A dispute exists about which assets are exempt from the process;
• There is a dispute as to the rightful heirs of the decedent’s assets.

Full Answer

How you can employ a probate lawyer?

Oct 28, 2018 · A probate attorney is a state-licensed legal representative who advises the executor or one or more beneficiaries of a deceased party’s estate. Their day-to-day-responsibilities can vary greatly depending on the probate laws of the state the deceased party died in, and based on whether or not this person passed away without a will.

How can an attorney help you with probate?

May 08, 2020 · A probate attorney mainly gives legal advice regarding the estate administration. The attorney's role will differ based on whether the deceased had a will or if they died intestate (without a will). Some of the things an attorney can help you with include: Transferring real estate and other assets to beneficiaries Paying outstanding debts

Can I do probate myself without using a lawyer?

Jan 09, 2020 · The estate is being probated in a state that requires an attorney by law — Florida, Texas, Missouri, and Mississippi. In Florida, no attorney is required when (a) the assets (not including the home) are under $75,000, or (b) the deceased passed away more than 2 years ago, or (c) there is only one heir

How do you choose 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. 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 …

Do I need a probate lawyer?

This is a question you are likely to ask yourself when you are set to inherit an estate or need to handle one for family or a friend. Before heirs or beneficiaries benefit from the property left by the decedent, the Will must go through the probate process.

How Does Probate Work?

After a person dies, a probate court has to verify the validity of their Will, and the executor has to distribute the assets to heirs named in the Will. This is what is called the probate process. In case there is no Will, the probate process is used to identify the decedent’s assets and determine the legal heirs of those assets.

Situations Where You Need a Lawyer

You definitely need to hire a probate lawyer if the decedent died without a Will. The reason for this is that disputes over inheritance are more likely in a situation where there is no Will.

What does a probate attorney do?

A probate attorney mainly gives legal advice regarding the estate administration. The attorney's role will differ based on whether the deceased had a will or if they died intestate (without a will). Some of the things an attorney can help you with include: Transferring real estate and other assets to beneficiaries.

How long does probate take?

If there are issues with the will. If there are taxes and debts that need to be paid. Depending on how complicated the case is, the probate process may take anywhere from a few years to decades.

Is probate easy?

Navigating through probate is not an easy task. It requires you to know your state's specific probate rules and procedures. If you are an executor or are somehow involved in a probate process, speak to an experienced attorney near you to get proper legal advice. You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help.

What happens if you die without a will?

However, if the person died without a will ( intestate ), the state's intestate succession laws will be applied. If there is a will, the person who passed away will usually have named a specific person as an executor. This person is in charge of managing the decedent's affairs.

Does an estate have to go through probate?

Whether or not an estate has to go through probate depends on the laws of the state. Some states, for instance, have simplified procedures to transfer property if the estate doesn't have enough money or if the estate's worth is under a certain amount.

How to probate an estate?

If you’re managing an estate like these, you don’t need to hire a probate attorney: 1 The estate is simple, with common assets like property (a house), bank accounts, investments, etc 2 The estate is a small estate that is eligible for simplified probate procedures. Click here to find out more about probating a small estate. 3 All the interested parties agree on the basic points — that the will is valid, who the executor will be, or if there is no will, who the administrator will be and how assets should be managed and distributed 4 The estate has enough assets to pay its debts 5 The estate isn’t going to owe estate taxes (either state or federal). Most estates that are large enough to owe federal estate tax would be complex enough to benefit from an attorney, but some states have relatively low estate tax exemptions. 6 Probate isn’t required because all assets are being transferred automatically, through joint ownership, payable on death accounts, or living trusts. Check out our article on which assets go through probate.

How much does a probate attorney cost?

Attorney fees for a simple estate are generally between $3,000 and $7,000. While that cost is technically the estate’s responsibility, any money that is spent reduces the amount available for heirs.

What is probate in a will?

Probate is a fancy word for the process of proving the validity of a will. A probate judge reviews the will, appoints the executor, and oversees the payment of debts and distribution of assets in accordance with the terms of the will.

What are the steps of probate?

Whether a valid will exists or doesn’t exist, the basic steps of the probate process are the same: Petition the court to become the legal representative (executor or administrator) Notify heirs and creditors of the opening of an estate. Change legal ownership of assets from the deceased to the estate. Pay funeral expenses, taxes, and debts.

What does it mean when an estate is insolvent?

The estate is insolvent, meaning it doesn’t have enough assets to cover its debts and taxes. The estate is being contested. The estate is being probated in a state that requires an attorney by law — Florida, Texas, Missouri, and Mississippi.

Does an estate have to pay taxes?

The estate has enough assets to pay its debts. The estate isn’t going to owe estate taxes (either state or federal). Most estates that are large enough to owe federal estate tax would be complex enough to benefit from an attorney, but some states have relatively low estate tax exemptions.

Do estates require an attorney?

As you can see, the majority of estates don’t require an attorney. While hiring an attorney could provide some peace of mind that the probate process is being handled appropriately, that’s some expensive security. And there are other ways to make sure you’re on the right track.

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.

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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.