Probate Attorneys
What is probate?
Probate is the legal process that occurs after someone’s death. Specifically, it is the process of reviewing a will to determine whether it is authentic and valid, as well as the more general process of administering a deceased person’s estate (with or without a will).
Some of the matters probate courts handle include:
- Appointing an executor (called a personal representative in many jurisdictions) to administer the estate.
- Determining what to do, in accordance with state law, if a person dies without a will (intestate).
- Reviewing a deceased person’s assets to determine how to divide and distribute them to beneficiaries.
What do probate lawyers do?
What a probate lawyer does is heavily dependent on whether the decedent (the person who died) drafted a last will and testament prior to dying.
If there is a will: a probate attorney’s primary responsibility is to advise the executor of the estate, a beneficiary of the estate, or another interested party on legal matters as the court goes through the process of determining whether the will is valid. For example, it’s possible that the will was signed under duress, and a probate attorney might be involved to either dispute or defend the validity of the will.
If there is no will: the estate is distributed according to the intestacy laws of the state where the property is located. The court must assign an administrator for the estate; if a relative wants to be the administrator, they must secure “renunciations” from other relatives, which the probate attorney can help secure. A probate attorney can also assist the administrator with various steps in the probate process, such as determining estate taxes or securing assets.
How much does a probate lawyer cost?
Some probate attorneys charge flat fees for certain routine matters. For more complex and open-ended matters, such as providing ongoing advice to an estate administrator, they typically charge by the hour. A probate attorney may also charge a fee based on a percentage of the total value of the estate.
How do you choose the right probate lawyer?
Probate is a complex area of law that touches on several other legal disciplines, including property law, insurance law, real estate, family law, and tax law. The laws surrounding the probate process, and particularly intestate succession, vary widely from state to state. As such, it’s important to choose a probate attorney who has experience in your jurisdiction and a collaborative, interdisciplinary approach. Probate matters are also emotionally fraught and mentally taxing, so finding a lawyer who can communicate effectively and empathetically is critical.
Many probate attorneys offer a free consultation to assess your case and help you understand your potential legal options. Even if the consultation is not free, it’s often worthwhile to get some answers, especially if the estate is large or you are looking at a potentially difficult probate process. The expense of hiring an attorney is generally much smaller than the potential cost of a poorly handled probate process.
