What Is a Probate Wills Lawyer?
A probate wills lawyer is a licensed legal professional that helps guide families and loved ones through the administrative probate process after someone dies. Probate is the legal process of administering a deceased person’s estate and distributing their assets. Another name for probate wills lawyers is estate attorneys. These attorneys work in an area of law that helps clients through the probate process. In a nutshell, they help non-lawyer clients with their duties administering an estate and assist their clients in fulfilling roles as:
- Administrators
- Personal representatives
- Executors of estates
In general, probate will lawyers help as much or as little as needed during the probate process. The probate process includes paying the deceased person’s debts and distributing the estate’s assets. The distribution must occur according to the will or state law.
Do you need a probate wills lawyer? Contact us today to learn more. If this is your first time handling the probate of an estate, it is wise to get in touch with a lawyer who understands these grounds. Speak to an experienced probate wills lawyer today. Other aspects we handle include estate planning and probate and administration proceedings.
Tasks a Probate Wills Lawyer Handles
A probate wills lawyer is called upon to provide legal advice, as well as aid in the following tasks:
- Finding property and creating an inventory.
- Identifying and collecting on life insurance policies.
- Managing the estate’s checkbook.
- Securing the decedent’s estate. This includes the decedent’s savings account, checking account, vehicles, real estate, personal property, and more.
- Preparing the deceased person’s final income and estate tax returns.
- Securing appraisals for the decedent’s assets.
- Advising on debt payments.
- Preparing and filing documents required by a probate court.
4 Factors A Probate Wills Lawyer May Need to Handle
A probate wills lawyer can handle a few different tasks when it comes to the estate. A lot of what the probate lawyer does depends on the executor or administrator’s needs. Here are four factors that come into play during the consultation with a probate wills lawyer:
- The decedent had a will.
- Complexity of the estate.
- Beneficiaries or debtors want to sue the estate.
- Other difficulties with the estate property exist.
A probate attorney must handle any number of issues and be ready to provide legal advice.
When a Decedent Leaves a Will vs When They Do Not
How a situation unfolds after someone passes away is determined by the fact that they have a will or do not have one.
When the Decedent Leaves a Will
In many instances, a person passes with a valid, signed last will and testament. In these cases, an administrator hires a probate lawyer to guide them through the probate process in a more consultive role.
Most wills go through probate without any issues. But sometimes, someone challenges the will. When this happens, a probate attorney can represent a party in probate when a beneficiary believes the will is either:
- Invalid
- Signed under duress
- Signed under the undue influence of another
There are a few different reasons someone may want to challenge a will, such as contesting to being written out of it. Turning to a probate wills lawyer can get someone to represent a someone in probate litigation in these cases.
When Decedent Does Not Leave a Will
If the decedent left no valid, written will, then they are said to have died “intestate.” When this happens, state inheritance laws will determine who inherits. However, these laws often vary widely, which makes it difficult to proceed without legal assistance as issues often arise.
During this process, the probate lawyer and the estate administrator are bound to distribute property according to state intestacy laws. They do not take into account of what the deceased person said while they were alive, since the state law determines the distribution of estate assets. Not how much a given family member needs money.
When the estate administrator needs to be named, a probate wills lawyer can go to court for the naming or be hired after the judge names the administrator. A relative who wants to be the estate’s administrator must first secure “renunciations” from the decedent’s other relatives. A renunciation is a legal statement renouncing one’s right to administer the estate.
In the end, a probate wills lawyer can help secure and file these statements with the probate court and can assist the administrator with the probate process.