What Do Probate Attorneys Do?

Probate attorneys deal with the legal process during which the will is validated; the assets of the deceased are inventoried; and all debts, creditor claims (including applicable lawsuits) and taxes are paid. Then, once it is determined who is entitled by the probate proceedings, the remaining assets that were left in the will are distributed to the named beneficiaries and heirs.

Probate attorneys and probate lawyers must understand that the probate process is generally overseen by an executor, if there is a will, or by a court, and a court appointed personal representative, if there is no will. Probate can take anywhere from four months to a number of years to be completed, depending on state laws and varying circumstances.

A will is probated in the county and state in which the testator (person who wrote the will) died. If the testator owned any property in another state, another probate proceeding will be started in that state and county. Assets that do not pass directly to a surviving spouse or other heir through a community (joint ownership or joint tenancy) property agreement, right of survivorship, a payable on death (POD) bank account, an "in trust for" account with named beneficiary, other trusts with named beneficiaries, life insurance, retirement accounts [e.g., IRAs, Keoghs, and 401(k)], or annuities are subject to formal probate proceedings. If the decedent dies without a will (intestate), and no beneficiaries are named, the courts will determine the hierarchy of heirs.

Should I hire a Probate Lawyer?

Because of the legal complications that may arise in the probate process, many people try to put together their estate plans so as many assets as possible pass directly to their intended heirs. To assure your estate is distributed according to your wishes and to avoid as many legal complications as possible through the probate process, consult with an estate planning or probate lawyer in your area to formulate the best plan for your needs.

If you have legal issues pertaining to the probate process or wish to contest a will, it's wise to retain a Lead Counsel probate attorney who is well versed with the laws in your state.

Frequently Asked Questions

• How can a Probate Attorney Help Me?
  Whether or not the estate needs to be administed in a probate proceeding, a probate attorney can help in many ways. For one thing, the probate attorney can help you file the decedent's will. … more
• What is a Probate Court?
  In many states, the probate court serves several functions. The most common is administration of the estates of persons who die, called a probate proceeding. However, the probate court also … more
• What is a Probate Proceeding?
  In a probate proceeding, the court oversees the process of identifying the deceased person's property, paying any debts, identifying the proper heirs, and distributing the property to them. … more
• When is Probate Necessary?
  When a person dies, their "non-probate" assets will automatically pass by law to designated beneficiaries without court supervision or intervention. Non-probate assets include life … more
• How are Probate Assets Distributed in a Probate Proceeding?
  After the court determines which assets are non-probate assets, (depending on state laws) the estate is typically administered in one of three ways: •By Affidavit (Summary Administration): If … more