Probate Attorney

A probate attorney is a legal professional who specializes in Estate Law and Probate Law and helps clients manage Probate, the legal process required to Settle the Estate of a deceased person.

They provide legal expertise, guidance, and personal representation throughout probate proceedings.

This process, overseen by a Probate Court, is required by each state to distribute a deceased person's Assets to their Heirs, Next of Kin or other Beneficiaries.

Probate court and the probate process is meant to ensure that the estate it's appropriately managed, without error or fraud, and according to the wishes outlined in the deceased's Will and state law.

Although working with a lawyer to navigate probate is not required, the process can be challenging, and a probate attorney is often hired to help, though their role can vary depending on the circumstances of their clients.

Common tasks and responsibilities of a probate attorney include:

Probate administration: probate attorneys assist Executor or Administrators of the estate in carrying out their duties including, but not limited to filing the necessary paperwork with probate court, inventorying and appraising assets, paying debts and taxes, and distributing assets to beneficiaries

Resolving disputes: probate attorneys can also handle disputes that may arise during the probate process, including but not limited to, contested wills, challenges to the validity of a will, or disputes among beneficiaries and claims from creditors.

Tax considerations: probate attorneys can provide advice on Estate Taxes and Inheritance taxes to help their clients minimize obligations and navigate complex laws

Trust administration: some probate attorneys may also handle the administration of Trust by assisting Trustees in managing its directives and distributing its assets

Advising on estate planning: probate attorneys may also help clients create their own Estate Plans, outlining how they would like their assets to be distributed upon their death. These types of Estate Attorneys provide guidance on wills, trusts, Powers of Attorney, and other estate planning documents to ensure their clients' wishes are legally protected

Hiring a probate attorney can be beneficial to ensure that the probate process is carried out efficiently, according to the law, and in the Best Interests of the deceased person's estate and its beneficiaries.

Also known as an Trust Attorney or Estate Attorney.