What is a Probate Lawyer and Why Do You Need Them?
A probate lawyer can provide essential support if you are in the process of settling someone’s estate. An estate under probate can be a complicated, time-consuming, expensive, and, thus, stressful event for anyone. Without the proper legal guidance from an estate law expert, you may find yourself at a loss going through probate.
If you are involved in an estate under probate and considering hiring a probate lawyer, then this article is for you. This is also an excellent guide if you are estate planning and thinking about getting a probate lawyer’s legal advice.
What is Probate?
Probate is a legal process that the estate of a decedent or deceased person must go through if that person dies intestate or only leaves a will and asset titles must be transferred. Intestate means that the decedent passed without a Will, Trust, or any form of legal instructions regarding their estate. An estate is the decedent’s money, properties, and other assets they leave behind.
Probate can be simple if the estate is small, there are no large taxes or debts, the beneficiaries are compliant, and the deceased instructions are minimal. Probate can take as short a time as one year for simple cases and up to decades for complex ones.
What is a Probate Lawyer?
A probate lawyer is an attorney licensed by the state to practice estate and probate law. Depending on the probate court requirements and the client’s role and needs a probate attorney can perform the following services:
Identify and inventory the assets of the estate
Determine and pay all the valid debts and unpaid taxes of the estate
Distribute the assets to beneficiaries and settle the estate
Provide legal advice for the executor or administrator
Prepare legal documents to prove the validity of the Will
Other necessary services for settling the estate
Estate vs. Probate Lawyer
Estate and probate are often used interchangeably, but these terms are slightly different. An estate lawyer handles estate planning before the estate owner dies or becomes incapacitated. On the other hand, a probate lawyer oversees the settling of the estate after the owner dies and the estate enters probate.
Thus, one attorney can fill the roles of an estate lawyer and a probate lawyer. Both roles require expertise in laws that govern the managing and settling of a person’s estate. An estate lawyer must have knowledge of probate laws and proceedings so that they can take the probate-preventing steps during the estate planning stage. A probate lawyer must also be knowledgeable of estate planning proceedings so that they can perform the tasks required to settle the estate. At Rilus Law, we specialize in estate planning, probate, and trust administration.
Why Do You Need a Probate Lawyer?
A person can plan their estate without an estate lawyer. Similarly, an estate can be settled without a probate lawyer. But most people’s estates are not simple. Before they can be settled, most estates require additional steps or unique solutions that only an experienced probate lawyer can execute or provide.
Are you currently involved in probate? If so, the following are the reasons why you may need to hire a probate lawyer:
You find your state’s estate laws complicated.
A probate lawyer can explain and help you understand these state-specific laws and how they apply to your case. This can greatly accelerate the probate process compared to navigating these laws on your own.
You want to understand the decedent’s estate plan.
If your loved one left an estate plan, you may want help with delving into the estate details. Some assets must go through probate, while others can be handled outside of court. Furthermore, a probate lawyer will know how to gather the relevant information for navigating the transfer of these assets.
You want help in dealing with a large and complicated estate.
The larger the estate, the more complicated probate can be. Probate proceedings that seem simple can become complex with a large number of assets to deal with. A probate lawyer will help reduce the overwhelm and provide direction on where to begin and what to do next.
You have zero experience and minimal knowledge in settling an estate.
Probate is an intimate process after the loss of a loved one, and it’s usually handled by close friends or family members. However, few of us are experienced in settling an estate unless we’ve filled that role for another loved one before. That’s where a probate lawyer can provide care and support during a difficult time.
Your beneficiary status is being contested.
Even if you’re not the executor of the estate in probate, you have rights as a beneficiary. If someone is contesting the Will that listed you as a beneficiary, you need an experienced probate lawyer for legal representation.
You want the estate to be settled as soon as possible and without any issues.
If you’re navigating probate solo, it’s easy to overlook paperwork or a filing deadline. You want an expert who will facilitate probate by anticipating every step and preparing accordingly and accurately.
You need help in accepting the decedent’s will or identifying any clues to contest it.
It is possible to contest a will if you believe it was:
Made fraudulently
Created against the free will of the deceased
A result of undue influence
Improperly executed
Created by a person lacking in capacity or rational thinking
However, this is not a minor task to take on alone. You need an expert’s insight into your loved one’s will so you’ll know whether to accept or contest it, and the appropriate steps to take if you must pursue estate litigation.
You are grieving the loss of a loved one and can’t focus on the probate process.
Probate is a bureaucratic process that you have to do at a time when you generally don’t have the mental space to deal with it. If you are still mentally and emotionally processing the loss of your loved one, a probate lawyer can step in to handle things for you. This gives you peace of mind and the space to grieve. With mindfulness as one of our core values here at Rilus Law, all of our team members approach probate with a deep sense of care, compassion, and empathy for what you’re going through.
You want someone who will help you navigate more than just probate.
Sometimes handling a loved one’s assets is not a clean or simple process. Maybe you live out of state or your loved one’s home requires a substantial amount of work to sell it during probate. While a probate lawyer can’t come clean the house out or collect keys to property while you’re out of state, Rilus Law has curated a support network to provide solutions for such unique circumstances. We’re not just going to turn you away to go figure everything out on your own. We will refer a trusted resource to help in your time of need.
You are willing to pay the price for expert guidance and support.
While employing a probate lawyer may initially add to the expenses involved in settling your loved one's estate, the expertise and guidance they offer can significantly mitigate potential costs in the long run. Probate lawyers possess a deep understanding of the complex legal procedures and intricacies involved in estate settlement. Their insights and legal acumen help you navigate through probate efficiently, potentially avoiding errors or disputes that could lead to prolonged legal battles and higher expenses. By ensuring compliance with legal requirements, streamlining the probate process, and minimizing the likelihood of complications, a probate lawyer's assistance often results in substantial savings of both time and resources, offering invaluable peace of mind during a challenging period.
Unlocking the Value of a Probate Lawyer: Expert Guidance for a Seamless Experience
If one or more of the above reasons reflect your need for a probate lawyer, then you’ve come to the right website. With more than a decade’s experience in practicing estate and probate law, we’ve gone through countless probate cases of all shapes and sizes offering tailored solutions to clients facing various estate challenges. Whether you're dealing with a complex estate, seeking guidance on estate planning, or simply in need of expert support during the probate process, our team is here to assist you. Your peace of mind is our priority, and we're dedicated to providing the expertise, compassion, and meticulous attention your case deserves. If any of the reasons discussed resonate with your current situation, we invite you to schedule a free consultation with our experienced probate lawyers today. Let us help you navigate this journey with confidence and ease.