Here’s How a Probate Lawyer Helps Their Client

This article originally appeared on faq-blog.com

When a loved one dies, a family’s last desire is to deal with complex legal and financial issues. However, the deceased estate must be settled to avoid legal repercussions. The probate process ensures the decedent’s will is respected and helps pay any debts the deceased has left.

If you are still in mourning, you might find it challenging to settle an estate alone. Additionally, the complexities of the process are better left to expert lawyers who can guide you to ensure a smooth transition. This is where a probate lawyer comes in.

What is a probate lawyer?

A probate lawyer is a state-licensed attorney who assists estate executors and beneficiaries in settling the decedent’s affairs. They also guide them in the entire probate process. Probate is the legal process of administering the estate of a deceased individual and handling asset distribution to heirs and beneficiaries.

Estate Planning vs. Probate Lawyers

Estate planning lawyers help clients “get their affairs in order” by planning their estates and assets after death. The keyword here is “planning”, meaning they are hired to help manage the client’s assets and estate while still alive. On the other hand, a probate lawyer may handle the estate administration process following a person’s death. However, a probate lawyer can also perform the duties of an estate planning attorney since they are related to their area of specialization.

How does a probate lawyer help their client?

A probate lawyer may help their client in the following ways:

Gathering And Organizing Documents

A probate lawyer assists clients in identifying and organizing documents relating to assets, debts, and the estate. These may include wills, trusts, financial statements, title deeds, and other relevant documents.

Filing Petitions And Documents

The probate lawyer also helps file all required petitions and legal documents with the probate court on behalf of the client. Since probate lawyers know the documents the probate court requires, they ensure that the process moves forward smoothly and in compliance with the law.

Identifying And Settling Debts

The lawyer identifies and examines the validity of the decedent’s debts and advises on how they can be appropriately settled from the estate’s assets. This ensures that the decedent’s estate is protected from unfair claims by creditors.

Trust And Estate Litigation

If disputes occur during the probate process, a probate lawyer represents their clients in court by defending the will’s validity, addressing claims by beneficiaries and creditors, and resolving any legal issues that may arise.

Trust And Estate Administration

A probate lawyer also helps their clients by facilitating the distribution of assets to the rightful beneficiaries per the will and the applicable state laws. Once all the legal requirements are met, they finalize the probate process and close the estate.

Hiring A Probate Lawyer

Hiring a probate lawyer is prudent to ensure a smooth probate process. A probate lawyer can help you gather and organize relevant probate documents, file petitions and documents with the court, identify and settle debts, represent you in court in case of disputes, and facilitate the final distribution of assets to the rightful beneficiaries. Hiring a probate attorney can minimize disputes within the family and other beneficiaries, avoid costly mistakes, and ensure a speedy and smooth process.