You need a probate lawyer when the estate left by someone close to you dies, leaving an asset.
When you lose a loved one (generally a guardian/ father/ mother), a probate legal proceeding becomes necessary to validate a will to settle a property or asset.
Also, if the decedent makes no will, then it is said that the descendant has died intestate. In this case, also, the estate has to grow through probate.
Probate is a long, expensive and stressful process. Since you are already bereaved at the death of your loved one, probate may seem too much to handle. If you are going through any such situation, we are here to help you with a brief guide.
This article provides a brief detailed guide to what a probate lawyer does and things you should know before hiring a lawyer.
What Is Probate Lawyer?
A probate attorney holds the state license to help the executor of a will invalidating an estate held by a person who has passed away. The probate process involves reviewing the legitimacy of a will, settling an estate, and helping the estate’s beneficiaries. A probate lawyer helps with the below-mentioned services to their clients-
- They help to find and inventory the assets of an estate.
- Helping in paying off the debts related to the asset.
- They also help in settling and distributing the asset among the beneficiaries.
What Does A Probate Lawyer Do?
When a person leaves his estate with or without a will, their estate needs to go through probate for its settlement and distribution among the beneficiaries. A probate attorney is helpful when an asset goes through probate, especially when there is a will.
However, if there is any trust, it can make the process of probate a little less complicated and more private. The probate attorney can help a trustee with administering their trust.
A probate lawyer or attorney represents the heir to an estate; they can act as a personal representative or represent the estate itself. The probate attorney can play more than one role. Their ultimate goal is to settle an estate and help the executor and the beneficiaries with the process of probate. Here is a list of what a probate lawyer can do-
- They help to determine and pay inheritance taxes.
- Collect the life insurance policy proceeds.
- They figure out the income taxes that may be due and help them pay.
- A probate lawyer can figure out all the estate assets.
- The final distribution of the assets among the beneficiaries.
- They prepare and fill out all the court documents.
- A probate lawyer helps to retitle an asset in the beneficiary’s name.
When you need a lawyer for the probate of an estate after the death of the person holding the asset, you can expect him to help you with the legal problems mentioned here.
When Do You Need A Probate Lawyer?
You need a probate lawyer when you are an heir to a property left by someone close to you. They will help you settle the property. The need for a probate attorney becomes dire when you have to deal with the problems mentioned below.
- Are your state laws very complicated? If they are, you need to hire a probate attorney.
- You need to hire a probate attorney based on the type of estate plan your decedent has set up for you.
- When they have a will, trust, or both, you need to hire a probate law consultant.
- Based on the size of the asset, you may need to hire a probate attorney.
- If there is any contentious beneficiary, you need to hire a probate attorney.
- Based on the complication of the assets and the designations of the beneficiaries, then you can determine whether you need a probate lawyer or not.
Frequently Asked Questions:-
If any incident occurs, including the death of someone close to you, you need to hire a probate lawyer to inquire about the assets and the probate of the estate left by them.
The above sections were probably helpful if you need to know about probate attorneys. However, for any further questions relating to the matter, you can check the popularly asked internet questions that I have mentioned below.
Ans: If the decedent has left any will, you have to fill in the PA1P form; if there is no will, you need to fill PA1A form. It is your choice whether you need a probate attorney or not. You can call the inheritance tax helpline to compile the form, or you can choose to do this by yourself.
Ans: Getting probate is not mandatory when there is a Will. However, no restriction in the state law stops you from getting a probate law. But we advise you to get probate when there is a chance of a Will getting contested.
Ans: The process of probate takes a long time. For example, the probate may take more than six months when trying to get yourself up after an immense loss. It may also take nine months or almost a year after the person’s death leaving an estate behind.
Ans: It does not affect probate whether or not you had a power of attorney. You may have had authority in the past to decide on behalf of them, but it is not the same thing during probate.
Look For A Probate Attorney When…
Ans: You need to seek the help of a probate attorney when someone close to dies leaving behind an estate. They may or may not have a will; however, we advise you to look for a probate lawyer because the estate may be disputed or any dispute regarding the will.
Also, in some cases, the decedent may have due income taxes; you need a probate attorney to help you figure out and sort out such situations. we hope that you gained the information you were looking for.