When Do You Need a Probate Attorney?

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Once you have made a will, there is an entire process to validate it in order to ensure the efficient distribution of your assets. Known as probate, it is a very common legal procedure, but you might not be able to handle it without the help of a probate lawyer. They are experienced professionals who can make it easier for you and the family. In this guide, you can understand more about the lawyers and what they do.

A special type of lawyer, the probate lawyer, will help the beneficiaries of an estate and the executor of the estate to handle your probate process. The lawyer could just serve as an advisor, or they could choose to take a hands-on method to handle the distribution of assets as well as the inheritances.

One thing to keep in mind is that there is a big difference between a probate lawyer as well as an estate planning attorney. An expert Florida probate attorney states, "While they both work in the field of estate law, the probate lawyer will work with the family and help settle the estate after the death of a loved one. On the other hand, the estate planning professional will work with the clients to make sure they understand and plan the estate."

What are the duties of a probate lawyer?

The probate lawyer's main job is to assist families in settling the estate of their loved ones who have died. It is done in multiple ways. Some of the common acts a lawyer could perform include:

• Creating and identifying the inventory of all the estate assets

• Gathering the life insurance policy

• Handling the finances

• Transfer the assets to the right parties

• Offers legal advice

• Helps locate the deceased's will

• Handle property appraisals 

• Pay all the outstanding debts

• File the official court papers

• Pay income tax

Why should you hire a probate attorney?

The probate process can be confusing, and it is not easy for a layman to understand. This is where probate attorneys can make all the difference. They will offer guidance and support to help you understand complicated tasks and will be happy to guide you throughout. If you have an experienced attorney, you will enjoy a less stressful and more efficient probate process. It is possible that any attorney might be practicing probate law, but one without experience in estate law will take time, cause delays, and could also charge a higher fee.

What will it cost?

In most cases, the probate lawyer will either charge a flat fee or an hourly fee. However, some also charge a percentage of the estate value. It is best to check with a lawyer before you decide to work with one. The amount you pay will also depend on the place of your estate, the experience of your lawyer, the complexity of the case, and how long the probate process will take. The heirs, executors of the estate, or the beneficiaries will not pay for the lawyer, but the deceased's estate will pay for it.

When should you hire a probate attorney?

It helps to remember that everyone who has the task of settling the estate will not need to hire and pay for a probate lawyer. This is a personal decision and will vary on the needs of the estate. If you want to decide whether you should hire a probate lawyer, here are some questions to ask yourself:

• Is it possible to distribute the estate without a probate?

• Are there any probate shortcuts offered by your state?

• Have you ever settled the estate in the past?

• Do your family members get along with one another?

• Do you have enough funds to pay off the debts?

• Does this estate have common assets?

• Have you checked the probate process of your state, and is it simple?

If your answer to all these questions is a no, then you should consider working with a probate lawyer who can help you with the handling of the estate.

While an attorney will not be able to determine how long the probate process will take, it also depends on how easy it is to value the assets and get in touch with the beneficiaries. There are times when unanticipated delays or disputes between the beneficiaries could delay the process, and it could all end up in litigation. That said, if the deceased has died without a will, then dividing the assets as per the state law could also upset many family members, and an attorney will be able to provide support here.

Lastly, whether there is a will or not, and even if the estate is not complex, it will make sense to hire a probate attorney to help through the process and ensure that the state law and estate plan are followed properly.