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Are you looking to hire a probate attorney?
In this article, you’ll learn about:
Let’s dig in.
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A probate lawyer is an attorney who specializes in managing the legal affairs of a deceased person’s estate.
They play a crucial role in the probate process, which includes:
In addition, probate lawyers represent clients in estate-related disputes, such as:
Their knowledge and expertise ensure that the estate administration process is carried out:
Let’s talk about what to expect from a probate attorney.
A probate lawyer assists with the legal process of settling an estate after someone’s death.
Your probate attorney will:
Probate lawyers can also represent clients in estate disputes, such as:
An experienced estate probate lawyer will:
Here is a list of what a probate lawyer does for you:
Validating and probating wills involve:
For validating and probating wills, a probate lawyer:
The court then appoints an executor or administrator to manage the estate.
The executor of the estate:
Read More: How Much Does An Estate Have To Be Worth To Go To Probate?
Probate lawyers review and interpret wills.
This ensures the deceased person’s intentions are clear and legally sound.
Probate lawyers can help:
Read More: How Much Money Can You Inherit Without Paying Taxes On It?
Probate lawyers ensure that wills are properly executed according to the legal requirements of the jurisdiction.
This may include:
Probate lawyers assist in filing the required documents with the probate court to initiate the probate process.
This includes submitting:
Estate administration is the process of managing and distributing a deceased person’s assets according to their will or applicable laws.
Estate administration involves:
An executor or administrator is responsible for overseeing estate administration.
This ensures that:
Probate lawyers help identify and appraise the deceased person’s assets.
The assets that probate lawyers can help with include:
They ensure that all assets are accounted for and valued correctly.
Probate lawyers may assist in managing the estate’s bank accounts and investments during the probate process.
This can include:
Improper management of estate bank accounts and investments can lead to several consequences for the estate, beneficiaries, and the executor or administrator:
To avoid these issues, executors and administrators should:
Probate lawyers help ensure that the estate’s outstanding debts, taxes, and administrative expenses are paid in a timely manner.
Your probate lawyer may:
Once all debts, taxes, and expenses have been paid, the remaining assets go to the beneficiaries.
Estate administration attorneys oversee the distribution of the remaining assets to the beneficiaries according to the will or applicable intestacy laws.
Probate litigation is the legal process that addresses disputes arising during the administration of a deceased person’s estate.
Probate litigation often involves:
Probate litigation aims to:
Probate estate attorneys may represent clients in contested wills and disputes arising during the probate process.
They help protect their client’s interests and advocate for a fair resolution.
Sometimes there are disputes between beneficiaries and executors.
Probate lawyers can help mediate conflicts and, if necessary, represent their clients in court proceedings.
Probate estate attorneys are skilled in addressing issues of:
They can investigate potential misconduct and pursue appropriate legal remedies on behalf of their clients.
The probate process is the legal procedure that takes place after a person’s death.
It ensures the proper distribution of their assets and the settlement of any outstanding debts or taxes.
The probate process involves several steps, which can be categorized into three main stages:
The initiation of probate begins when a deceased person’s will is submitted to the probate court.
This stage involves several key tasks:
The process starts by filing a petition with the appropriate probate court.
This is requesting that the probate courts:
Once the court has accepted the will, the executor or administrator is responsible for notifying:
This ensures that everyone who has a stake in the estate:
The court will appoint someone to manage the estate throughout the probate process.
The person who manages the probate process will either be:
During the estate administration stage, the executor or administrator is responsible for:
The executor or administrator must create an inventory of the deceased person’s assets.
This includes:
These assets are then appraised to determine their fair market value at the time of death.
The executor or administrator is responsible for:
Creditors typically have a limited time to file claims against the estate for any outstanding debts.
Throughout the probate process, the executor or administrator must manage any ongoing expenses and obligations of the estate.
This includes things like:
By now, all assets have been accounted for and any outstanding debts or taxes have been addressed.
The probate process moves to its final stage: closing the estate.
The executor or administrator distributes the remaining assets:
This may involve:
The executor or administrator must prepare a final accounting of the estate.
This will detail all assets, debts, expenses, and distributions that occurred during the probate process.
This accounting is submitted to the probate court for review and approval.
Then, the court will have reviewed and approve the final accounting.
The probate court will issue an order:
At this point, the probate process is complete, and the estate is officially settled.
Selecting the right attorney for probate is essential to:
There are several factors to consider when choosing an attorney for probate, including:
Probate lawyers may specialize in different areas, such as:
It is crucial to select a lawyer whose area of expertise aligns with your specific needs.
A lawyer with extensive experience in estate administration may not be the best choice if you need representation in probate litigation.
The number of years a lawyer has been practicing probate law can impact their ability to handle complex estate matters effectively.
Look for a probate law attorney with a solid track record and experience in handling cases similar to yours.
Probate laws and procedures can vary between jurisdictions.
Choose a probate lawyer familiar with the local probate courts and their specific procedures.
They will likely be more efficient and better equipped to handle your case.
Effective communication is vital in any legal matter.
Choose a probate lawyer who is open and transparent about:
This can help you stay informed and alleviate any concerns you may have.
A probate lawyer should be responsive to your inquiries and keep you updated on the case.
Prompt responses to your questions can indicate that the probate lawyer:
Probate matters often involve emotional situations and sensitive family dynamics.
It is essential to work with a probate lawyer who:
Next, let’s talk about how much does a probate lawyer cost.
Probate lawyers may charge fees using different structures, such as:
It is crucial to understand:
Ask the probate law firm for an estimate of the total costs involved in your case.
Your quote should include the probate lawyer fees and any additional expenses.
This can help you:
Probate attorney fees are typically paid from the assets of the deceased person’s estate.
The executor or administrator is responsible for managing the estate’s finances.
This includes paying for legal services provided by a probate attorney.
After the attorney’s fees and other expenses, such as court fees and taxes, are paid, the remaining assets are distributed to the beneficiaries according to the will or state intestacy laws.
The percentage a lawyer gets for settling an estate can vary depending on factors.
The factors that determine a probate lawyer’s percentage are things like:
In some states, probate attorney fees are determined by a statutory fee schedule.
This is based on a percentage of the estate’s value.
In these cases, the percentage can range from 1% to 5%.
Or even higher for smaller estates.
These are questions our probate attorneys get from our clients.
If there is no will, you may still benefit from hiring a probate lawyer.
In cases of intestacy, when a person dies without a will, state laws determine how the estate is distributed.
A probate lawyer can help:
You may need a probate attorney to help navigate the complex legal process of administering a deceased person’s estate.
A probate attorney assists with:
They can also represent you in estate-related disputes or issues.
This will ensure the estate is settled efficiently, fairly, and in accordance with the law.
Their expertise is particularly valuable in cases involving:
You’ll likely get a free consultation with a probate lawyer about the probate process.
It is essential to have a list of questions to ensure you understand the process and your responsibilities.
Here are some questions to ask a probate lawyer:
A probate attorney represents various parties involved in a deceased person’s estate administration.
They may represent:
Additionally, they represent clients in estate-related disputes.
And they can assist guardians or conservators of minor or incapacitated beneficiaries.
The probate lawyer’s role is to:
If a will is not filed, the deceased person’s estate will be subject to the intestacy laws of the state where they resided.
Intestacy laws determine how the estate assets will be distributed among the deceased person’s closest relatives.
These relatives include:
Without a filed will, the deceased person’s intentions and wishes for their estate may not be honored.
Additionally, the probate process may become more:
The court will need to appoint an administrator to manage the estate.
To probate a will means to go through the legal process of validating and administering a deceased person’s will.
This process typically involves:
The probate process ensures that:
An estate lawyer assists in managing the legal affairs of a deceased person’s estate after death.
They help with the probate process, which includes:
If you need to get help from a probate lawyer, fill out the form below.
At The Hive Law, we understand the importance of:
We only accommodate a limited number of clients each month.
So don’t miss your opportunity to work with our esteemed estate planning attorneys.
Benefits of our probate services:
Avoid the pitfalls of inadequate estate planning:
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