what do a probate attorney do

• A probate lawyer may assist with:
• Preparing and filing all documents required by a probate court
• Identifying and securing estate assets
• Obtaining appraisals for and/or selling the decedent’s real property
• Ascertaining and payment of bills and debts
• Determining if any estate or inheritance taxes are due and making sure those debts are satisfied

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Full Answer

What are the main duties of a probate attorney?

Specifically, here are some of the common tasks a probate lawyer may assist an executor and beneficiaries with during the probate process: Collecting proceeds from life insurance policies. Identifying and securing estate assets. Obtaining appraisals for the decedent’s real property. Assisting in the ...

How much do lawyers charge for probate?

Dec 21, 2018 · A probate attorney might also advise you on actions or communications during the probate process, and in certain instances, their expertise may be needed. We’ll talk more below about when hiring a probate lawyer is a good idea. Average cost of a probate attorney

What is a probate lawyer and what do they do?

A probate attorney is a state-licensed lawyer who can help the Executor of a Will (if one was appointed) or the beneficiaries of an estate get through probate as they work to settle an estate. Their services could typically include everything from finding and inventorying assets of the estate, to understanding and paying all the debts the estate may have, to distributing and …

How to find a good probate attorney?

A Probate Attorney Does the Hard Work For You Probate is a very procedure-driven process. You create some documents, you file some documents, you wait for a little while, you file some more documents, you do some other things, and eventually, you are done.

Why do you need a probate attorney?

A probate lawyer helps reduce confusion and doubt about these legal matters. A probate lawyer can help executors with court filings, debt settlement, appraising assets and releasing inheritance. The role of executor is fraught with potential pitfalls that leave the executor open to personal legal risks.

How long does probate usually take?

Typically, after death, the process will take between 6 months to a year, with 9 months being the average time for probate to complete.Feb 1, 2022

What debts are forgiven at death?

What Types of Debt Can Be Discharged Upon Death?Secured Debt. If the deceased died with a mortgage on her home, whoever winds up with the house is responsible for the debt. ... Unsecured Debt. Any unsecured debt, such as a credit card, has to be paid only if there are enough assets in the estate. ... Student Loans. ... Taxes.

Is probate necessary if there is a will?

However there is no restriction in law to get a probate of a Will, even if it is not mandatory. Obtaining a probate is advisable, in cases where there is a probability of the validity of the Will being contested in future on any ground.Aug 10, 2020

What does a probate attorney do?

What a probate attorney does. In general, a probate attorney manages the probate process. That means that they—or their paralegal or legal assistant—fill out forms to submit to the local probate court, get appraisals, keep track of relevant dates, and accompany you to court hearings if needed. These activities don’t require a law degree.

How much does a probate attorney charge?

Many probate attorneys charge a flat fee for probate cases. This fee could range from $3,000 to tens of thousands of dollars, depending on the attorney and the complexity of the estate. A flat fee provides certainty ...

What to do if you are named executor of an estate?

If you’ve been named executor of an estate or find yourself in a position to administer an estate, your first thought may be to hire a probate attorney. But before you rush to sign an agreement, you may want to think carefully about what a probate attorney does and whether you actually need one.

What is flat fee in probate?

A flat fee provides certainty to both the attorney and the client about the final cost of the project, but it may result in your paying for things you don’t actually need someone else to do — like a legal assistant filling out the probate forms.

How much does an attorney charge per hour?

While a flat fee is often the standard, more and more attorneys are willing to work on an hourly rate. Hourly rates could be anywhere from $150 to $300 or $400 per hour. With an hourly rate, you have the ability to limit your costs and contact the attorney only when you absolutely need to.

Do you need an attorney to probate an estate?

While many people think that the probate process must be handled by an attorney, only two states actually require that an executor hire an attorney for the process — Texas and Iowa. Florida also requires an attorney if there are more than two heirs. In all other states, you are permitted to probate an estate on your own.

What is a Probate Attorney

A probate attorney is a state-licensed lawyer who can help the Executor of a Will (if one was appointed) or the beneficiaries of an estate get through probate as they work to settle an estate.

What Does a Probate Attorney Do?

Also known as a probate lawyer, probate attorneys are hired to help settle an estate. After the death of a loved one, their Estate Plan dictates the next steps. If they have a Will, probate will be necessary. Trusts won’t go through probate, which can sometimes make the process a bit less complicated and much more private.

Do I Need a Lawyer for Probate?

Whether or not you need a probate lawyer will depend on multiple factors and scenarios. You’ll want to consider things like:

Questions to Ask a Probate Attorney

If you do end up using a probate attorney, there are a few things you should know before retaining one. Asking questions up front will ensure there are no (costly) surprises along the way. Use the following list to help you find an attorney who will be the right fit for your exact needs.

A Probate Attorney Does the Hard Work For You

Probate is a very procedure-driven process. You create some documents, you file some documents, you wait for a little while, you file some more documents, you do some other things, and eventually, you are done.

Probate Attorneys Make Your Job Easy

The Personal Representative has quite a bit of work to do when put in charge of a probate.

What does an estate lawyer do after death?

At the end of life, an probate lawyer helps to settle all affairs.

What is the difference between a probate lawyer and an estate lawyer?

A probate lawyer deals with the process of estate administration following a person’s death. An attorney working as an estate planning attorney is tasked with helping clients prepare trusts, wills, and other relevant documents before or during their lifetime to ensure that their estates are given proper attention after they die.

Can the executor of the estate take everything?

An executor is a fiduciary to the estate beneficiaries, not necessarily a beneficiary.

How much do they charge for a probate lawyer?

When choosing an attorney, one thing people often don’t realize about their bill until after signing on the dotted line is just what form billing might take: flat fee, hourly rate, or contingency-based compensation (wherein only if there’s success does the lawyer receive money).

How does one fire a probate attorney?

If you are the executor of the estate, there is nothing stopping you from firing an attorney. If not, then your best option may be to convince her or him to choose another lawyer. This cannot happen if they refuse and might have more luck petitioning in court for their desired outcome.

Why do you need a probate lawyer?

Most importantly, however, hiring a probate lawyer will help you focus on what really matters, which is mourning your loved one who passed away and being with family and friends.

How many years of experience do probate lawyers have?

Any probate lawyer you work with should have at least several years of experience. If your case is complicated, you should also make sure they have worked in similar circumstances. This way you know they can handle any problems that come up along the way.

What are the duties of a life insurance agent?

Some of the jobs they might take care of including the following: 1 Appraising the property of the person who passed away 2 Securing all that person's assets 3 Finding out how much (if any) estate taxes are owed 4 Handling the proceeds from life insurance 5 Filling out any necessary documents

What happens when a person passes away?

When a person passes away, they leave behind a number of assets, such as their personal belongings, a home, money, etc. Most people appoint an executor of will to be in charge of disbursing these assets to any other beneficiaries. This process can often be complicated and confusing.

What to do if someone passes away with life insurance?

Handling the proceeds from life insurance. Filling out any necessary documents. If the person who passed away had any debt or bills they failed to pay, a probate lawyer will also advise the executor of will on the best way to handle these issues.

What happens if someone dies without a will?

If someone dies without a will, all their assets must be dispersed according to intestacy laws. In other words, the state will distribute the assets—regardless of what the person may have wanted. For cases like these, you can hire a probate lawyer to help the administrator of the estate (which is kind of like the executor of will) ...

Who is Aaron DeBruin?

Aaron De Bruin is an Estate Planning and Criminal Defense attorney serving Greenville, SC and the surrounding upstate. Aaron fights for the rights of every one of his clients works hard to make sure they are treated fairly – no matter how small or large a legal case may be.

What is probate estate planning?

Estate planning is a common practice area of probate law. As you can imagine, estate planning involves the detailed planning of what happens to your estate upon your passing. Your estate includes financial assets, real property, personal property, and more. When you take the time to speak with a probate attorney about estate planning, many areas can be addressed. Taxes, funeral arrangements, and transfer of property are just some of the areas that will be discussed with a probate attorney. At Bret Jones, P.A., we are determined to help answer all of your questions, and guide you so that all of your estate planning desires are met. We ensure that all of our client’s wishes are met to the best of our ability.

What is probate administration in Florida?

Probate administration deals with the process of distributing a person’s assets once they have passed, in addition to other factors. It includes paying the deceased person’s debts, and the general winding up of their affairs. In Florida, there are different types of probate administration. A probate attorney can help you during the probate administration process. At Bret Jones, P.A. we are very familiar with all aspects of probate law, probate administration being one of them. It would be our pleasure to help you with this other area of probate law.

What is a power of attorney?

A Power of Attorney is also a practice area of probate law that we address at Bret Jones, P.A. A power of attorney is a document that gives a specific person authorization to act on the behalf of another. Now, what that person, also known as the “agent”, is authorized to act on depends on the specific details of the document. One could create a power of attorney in order to have the agent deal with finances, health care decisions, and much more. What does a probate attorney do, especially when it comes to a power of attorney? When it comes to power of attorney, we do cover a lot of ground depending on the specific needs of our clients. Contact us at Bret Jones, P.A. for further information on powers of attorney, also known as a “POA”.

What is a surrogate designation?

The purpose of a health care surrogate is to designate someone who will make health care decisions for you in case of your incapacity. This does not necessarily have to be permanent incapacitation, but can be for times when you are only temporarily incapacitated as well. Although the health care surrogate designation may sound similar to the preneed guardian designation, there is a difference. Speak with us at Bret Jones, P.A. for further detailed explanations.

What is a preneed guardian?

A Preneed Guardian Desgination is a declaration that specifies another person who can take care of your affairs in case of your incapacitation. According to Fla. Stat. 744.3045 (1),“A competent adult may name a preneed guardian by making a written declaration that names such guardian to serve in the event of the declarant’s incapacity.” This means that if anything happens to you that makes you incapacitated, whatever the reason may be, this person will take care of all of you affairs. Perhaps something that may be overlooked, a Preneed Guardian Designation is important. Unfortunately, accidents and unforeseen circumstances do happen. This is one way to make sure that you and your loved ones have one less decision to make or consider if such a circumstance does occur.