when to get a probate lawyer

• Determine if you need help fulfilling the deceased person’s wishes. If a relative or a person close to you has died, you may need help dealing with that person’s assets ...
• Understand what a probate attorney does. Probate attorneys focus on estate planning, wills, and trusts, but there are significant differences in their areas of expertise.
• Start your attorney search, and ask these essential questions. Establishing an attorney’s credentials is the primary goal of an initial consultation. ...
• Find out how much you’ll pay — and how much you’ll get back. Hourly rates for probate attorneys typically start around $150 and are billed in fractional increments.
Prepare for your meeting with the attorney. For efficiency and convenience, prospective clients need to be adequately prepared for their first meeting with a probate attorney.
Get the closure you deserve. Probate is considered closed once the executor feels they’ve uncovered all assets and debts belonging to the deceased individual and a final accounting has been ...

Full Answer

Do I need a lawyer for probate?

Oct 28, 2018 · If you realize the estate isn’t large enough to pay off these bills, you should contact a probate lawyer to help you figure out how to pay those off. Under no circumstances should you pay off these other debts without consulting a lawyer in advance.

What is probate and 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. 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 …

When does probate begin?

Apr 19, 2022 · If any of the above is an issue in your case, then it is recommended you get the help of a lawyer. This can vary from a one-time consultation (to better understand the legal process) to full representation. What Does a Probate Attorney Do? A probate attorney mainly gives legal advice regarding the estate administration.

How much do lawyers charge for probate and settling an estate?

May 08, 2020 · If you are handling the distribution of an estate of someone who died without a will or if you were named an executor in an estate, it is probably a good idea to speak to an experienced probate attorney to get help throughout the process. You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help.

Not every executor needs professional help

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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 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.

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.

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.

What is probate lawyer?

Generally speaking, probate lawyers, also called estate or trust lawyers, help executors of the estate (or “administrators," if there is no will) manage the probate process. They also may help with estate planning, such as the drafting of wills or living trusts, give advice on powers of attorney, or even serve as an executor or administrator.

What does a probate attorney do?

A probate attorney usually handles the process of estate administration after a person dies. An estate planning attorney, on the other hand, works with living clients on how their client's estates should be administered. The attorney could do that by helping clients prepare trusts, wills, and other relevant documents.

Can you take your will with you when you die?

As the old saying goes, you can't take it with you when you die. But a probate lawyer can help surviving family members settle your debts and distribute your assets after you're gone, with or without a will. So what is a probate lawyer?

What happens if you die with a will?

If an individual dies with a will, a probate lawyer may be hired to advise parties, such as the executor of the estate or a beneficiary, on various legal matters. For instance, an attorney may review the will to ensure the will wasn't signed or written under duress (or against the best interests of the individual).

What happens if you die without a will?

When this happens, your estate is distributed according to the intestacy laws of the state where the property resides, regardless of your wishes.

Understand what a probate attorney does

Probate attorneys focus on estate planning, wills, and trusts, but there are significant differences in their areas of expertise.

Start your attorney search, and ask these essential questions

Establishing an attorney’s credentials is the primary goal of an initial consultation. You should determine whether probate is the firm’s primary practice area. You should also find out whether the attorney practices in the county’s probate court often and whether the person has handled similar cases in the past.

Prepare for your meeting with the attorney

For efficiency and convenience, prospective clients need to be adequately prepared for their first meeting with a probate attorney. A lawyer may need the following documents to assess the case accurately:

Get the closure you deserve

Probate is considered closed once the executor feels they’ve uncovered all assets and debts belonging to the deceased individual and a final accounting has been completed.

Is it hard to get a lawyer to do probate?

It's not usually difficult to get the name of a local lawyer or two who handles probates and estates. Probates are generally profitable for lawyers, so they're happy to take on the work.

How to have a good relationship with a lawyer?

Having a successful working relationship with a lawyer, however, takes more than legal knowledge. So pay attention to how clearly the lawyer explains the process, how well the lawyer listens to your concerns, and how respectful the lawyer is. Make sure you're signing up with someone who: 1 Communicates clearly. Some lawyers just can't seem to talk in plain English. If you can't understand what the lawyer is talking about and don't get good explanations when you ask for clarification, look elsewhere. 2 Respects your efforts to educate yourself. If you're doing your best to learn about your responsibilities as an executor —and possibly do some of the work yourself to save on fees—you want a lawyer who will cooperate respectfully.

Total Fees Charged by Estate Administration Lawyers

In our survey, more than a third of readers (34%) said that their lawyers received less than $2,500 in total for helping with estate administration. Total fees were between $2,500 and $5,000 for 20% of readers, while slightly more (23%) reported fees between $5,000 and $10,000.

How Lawyers Charge for Probate and Other Estate Administration Work

The total fees that estates paid for legal services were based on one of three types of fee arrangements charged by attorneys for probate and other estate administration work: hourly fees, flat fees, and fees based on a percentage of the estate’s value.

Free Consultation With Probate Lawyers

More than half (58%) of the probate attorneys in our national study reported that they offered free consultations. The typical time for these initial meetings was 30 minutes, though the overall average was higher (38 minutes).

Can you probate an estate without a lawyer?

When You Can Probate an Estate Without a Lawyer. Here are some circumstances that make you a good candidate for handling the estate without a professional at your side. Not every one of them needs to apply to your situation—but the more that do, the easier time you will have.

Do you need probate if you have a deceased person?

But you won't need probate if all estate assets are held in joint ownership, payable-on-death ownership, or a living trust, or if they pass through the terms of a contract (like retirement accounts or life insurance proceeds).

Can executors wind up estates?

Many executors decide, sometime during the process of winding up an estate, that they could use some legal advice from a lawyer who's familiar with local probate procedure . But if you're handling an estate that's straightforward and not too large, you may find that you can get by just fine without professional help.

Can you transfer property without probate?

Most or all of the deceased person's property can be transferred without probate. The best-case scenario is that you don't need to go to probate court, because assets can be transferred without it. This depends on the planning the deceased person did before death—you can't affect it now.

Do estates owe state taxes?

The estate won't owe either state or federal estate tax. More than 99% of estates don't owe federal estate tax, so this isn't likely to be an issue. But around 20 states now impose their own estate taxes, separate from the federal tax—and many of these states tax estates that are valued at $1 million or larger.