When a person dies, their properties are disbursed according to the content of their will, if any, and following state laws. Probate is the legal process an individual’s will, assets, and belongings go through after death.
This article details who a probate Lawyers is, the job description, and other facts about a probate lawyer.
Have a good read.
Who Is A Probate Lawyer?
A probate lawyer is a state-licensed attorney who works with the fiduciary and the beneficiaries of an estate to settle the deceased’s affairs.
A probate lawyer is also called an estate attorney or a trust lawyer. The probate process includes paying the decedent’s debts and distributing the estate assets according to the will or state law.
A probate lawyer is not needed when a decedent’s assets have been handed to a trust. The trust can act based on the will without a probate lawyer.
What Is The Description Of A Probate Lawyer?
A probate lawyer can assist executors and beneficiaries in the following ways.
- Identifying the decedent’s assets.
- The probate lawyer determines the will’s integrity by auditing to ascertain that it is duly signed by the deceased.
- Preparing and documenting relevant court forms as regards disbursing the assets.
- Clearing all outstanding taxes and debts linked to the assets.
- Obtaining valuations of the
decedent’s assets.
- Settling disputes between beneficiaries and clarifying the content of the will or state law.
- Obtaining a court order for sales of decedent’s assets if required.
- Sharing assets according to the decedent’s will or according to state law.
What Happens When There Is No Will?
The decedent have may have left no will behind, so the state inheritance law shall prevail.
State inheritance law varies. It may require that the surviving spouse or child take all or part of the decedent’s assets.
The probate lawyer and estate administrator are involved in distributing assets based on the proceeds of the law.
Benefits Of Working With A Probate Lawyer
- A probate lawyer gives legal cover
to the executor or estate administrator in case of any error while disbursing assets.
- A probate lawyer makes sure there
is proper documentation of every activity done during the probate process? A Good probate lawyer may contact an accountant to take up the responsibility of funding and taxes payment, especially when the probate process is complex.
- Retitling real estate and other assets.
When disbursing assets, a good probate lawyer will ensure fairness and justice. Emotional feelings can be heightened.
Key Takeaway
The process of sharing assets is an emotional one, and every decision counts. Considering the content and processes involved in administrating the state inheritance law, it is wise to have a will before death.
This is because the state inheritance law may not favor your decision. While you plan for this, have a probate lawyer in the picture.
Individuals can handle the probate process themselves without the help of an attorney. Still, if the administrator or executor feels discomfited handling the probate process, a probate lawyer can be invited. A probate lawyer will help handle disputes and sensitive issues during this period.
