Dealing with the loss of a loved one is never easy, and it can be even more complicated when it comes to handling their estate. When a person passes away, their assets and debts must be properly distributed and settled. Depending on the estate planning documents left behind, this process is generally known as probate. Probate can be a complex legal proceeding that requires a great deal of time, effort, and attention to detail. As a result, many people wonder, “Do I need a probate attorney?” In this blog post, we will explore what a probate attorney does, the circumstances in which you might need a probate attorney, and the benefits of working with one during the probate process.

What is a Probate Attorney and What Do They Do?

A probate attorney guides executors and personal representatives through inheritance and probate laws. Probate is a process ruled by state law. So, probate lawyers are licensed by the state and can help you navigate the complexities of your state's legislation.

When a person passes away, some assets may instantly go to the surviving spouse, whereas beneficiaries and heirs would have to wait until the probate process is finished before getting their inheritance. When determining which estate assets must go through probate and which may be excluded, an attorney at an estate planning and probate law firm might be of assistance.

What to Expect from a Probate Attorney?

Probate attorneys can assist executors and beneficiaries in the following ways:

Ensure all paperwork is completed and filed with the court within the deadlines.
Guide you through the estate inventory and valuation.
Make sure all paperwork and documentation are completed correctly.
Identify and manage the proceeds of life insurance policies.
Ensure that the estate's debts are paid.
Provide advice to the executor of the estate concerning their many duties and responsibilities.
Ensure final distributions are made to beneficiaries.

The probate lawyer does not have to handle everything, but you should ensure they understand everything about the estate before they begin. Additionally, a probate attorney may ask for information about retirement accounts, life insurance policies, bank accounts, and third-party debts.

The Top Reasons to Work with a Probate Attorney

Time

Time is valuable. When an estate is uncontested, probate takes anywhere from 8 to 12 months to complete. However, any mistakes in the paperwork or issues amongst the family or beneficiaries will delay court proceedings and the distribution of assets. In some cases, the probate process can take years to complete.

Intestate Estate

When a person passes away without leaving a will, this is called an intestate estate. This is a time that a probate lawyer might also be of great assistance. The distribution of the decedent's assets to heirs and beneficiaries will be governed by the state's intestacy laws in this situation. This can be particularly difficult to manage because loved ones who would have likely received some of the assets if there was a will are left out by the state intestacy laws. We’ve seen this cause issues for unmarried partners and married couples who have children from a prior relationship. Navigating such complex and sensitive situations alone without an attorney’s guidance can make the probate process that much more difficult.

Legal Advice

Several factors result in a pressing need for legal advice, including the size of the estate, the deceased's estate plan, and the specifics of state law. Probate proceedings can be delayed if an inexperienced person handles them and makes mistakes, omissions, failures to file documents, or misses deadlines. Additionally, this may result in personal liability for the issues caused.

Here are a few things that may need the legal guidance of a probate attorney:

Will the probate court have to be involved in the distribution of the estate?
Does the estate have a lot of assets to manage?
Does the estate have enough assets to pay off any outstanding debts?
Are there any disputes among the estate's named beneficiaries?
Will any real property transactions be necessary? If so, is there a property dispute?
Does the estate have ownership in a business?
Is there a federal estate tax due on this estate? Also, does the estate have any complicated tax issues?

If any of the above apply to your case, you should seek legal advice. Depending on your need, it may range from a one-time consultation to full representation. Either way, the legal advice will help you answer the question, “Do I need a probate attorney?”

So, Do I Need a Probate Attorney? It Depends.

The process of probate can be difficult and demanding because it calls for attending numerous court dates, filling out extensive paperwork, and being aware of the law. For the layperson, the entire procedure can be a headache. Also, dealing with an estate's administration may be the last thing you want to do after a loved one passes away. If you’ve been named the executor or personal representative of a loved one’s estate, a probate attorney can help you fulfill that obligation with less time and stress on your part.

If you’re still wondering, “Do I need a probate attorney?”, and you’re unsure about the answer, then you should book a free Family Administration Session.

The most important thing to remember about probate is that you don’t have to do it alone. Not only does Rilus Law assist clients with their wills and trusts, but also we have guided hundreds of families after the loss of a loved one. We are here to help. Our Family Administration Session is a free consultation with an experienced Arizona probate attorney that will answer all of your questions and empower you with your decision.

Do I Need a Probate Attorney?