A probate attorney is a lawyer with experience in estate settlement and wills. Basically, a probate attorney assists a will executor or beneficiary in navigating the legal process of estate settlement.
When a person dies, typically, when they have a will, it will dictate how they want to share their estate among their loved ones. However, this legal process is more complex than one may think.
This article will expound on ways in which a probate lawyer can prove useful, especially in cases relating to estates and trusts.
Challenges of Probate Proceedings
You may have to calculate all the estate’s assets to be true to the will. If there are outstanding debts on the estate, you may have to find out about them and know the nature of the debt and how it affects the estate. All of these factors affect the estate settlement.
In many cases, you may require a legal process to validate the will and testament contained in it. This process of validation is probate. In a situation where the dead person failed to prepare a will before their death, the process of sharing their estate may require probate.
Some people might think they do not need a probate attorney as long as there is a will. However, that is far from the truth.
One thing you should know is that probate can prove challenging. It is also time-consuming and requires enough legal knowledge, especially in estate and trust laws. This means that you might face difficulty navigating the legal process.
If you do not know what you are doing, you may waste your money and still need to get through the legal process of distributing the estate. You might have to find an attorney with experience in estate and trust laws to ease your burden.
Addiitonallu, even in cases where a probate proceeding is not required for the estate settlement, a probate attorney can still prove helpful in specific ways.
Ways a Probate Attorney Can Help You
- Filing of the Decedent’s Will
You should know that the probate process and estate laws are jurisdictional. This means that each state has laws that guide the legal process. Thus, you may find it easier to file the decedent’s will with the help of a probate attorney.
“Given the jurisdictional nature of probate laws, states have time limits for filing a decedent’s will,” says trusts and estates attorney Tyson Cross of Cross Law Group. For example, in some states, the time limit is ten days. Some states also do not mandate the presence of estate administration before filing the decedent’s will.
These are specific laws you may not know. However, when you engage a probate attorney, they will know the laws specific to each state.
- Filing of Paperwork
For the probate process, you need to file paperwork with a probate court. This paperwork will grant you permission to manage the estate. Without this paperwork, you cannot begin the probate process for settlement of the estate.
As said, probate laws are unique by state. Thus, some states might have unique requirements you may not know about. However, a probate attorney will know these requirements and can file the paperwork, saving you time.
- Administration of Estate
Probate attorneys can also help with estate management. You may also have to hire experts in different fields to do this. For example, you may require the services of an accountant in case you have to inventory the state assets.
When there is a will, and the estate distribution does not require a probate proceeding, an attorney can still help administrate the estate.
- Legal Representation
You may face legal hurdles in distributing the estate. If so, a probate attorney can represent you in court.
Also, if certain complications arise during the probate proceedings that might affect the estate’s management or distribution, a probate attorney can examine the situation and provide solutions.
Source: Cross Law Group Nevada
