what does a probate attorney do

Some of the jobs they might take care of including the following:

• Appraising the property of the person who passed away
• Securing all that person's assets
• Finding out how much (if any) estate taxes are owed
• Handling the proceeds from life insurance
• Filling out any necessary documents

Full Answer

What are the main duties of a probate attorney?

A probate lawyer is a state licensed attorney who works with the executors and the beneficiaries of an estate to settle the affairs of the decedent. In some instances, probate can be avoided if all the decedent’s assets have been placed in a trust.

How much do lawyers charge for probate?

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 …

What is a probate lawyer and what do they do?

This type of lawyer is well versed in all the probate laws in your state, and their job is to guide the executor of will through the process and help with any difficult steps. Some of the jobs they might take care of including the following:

How to find a good probate attorney?

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.

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 is a probate attorney?

A probate attorney usually handles the process of estate administration after a person dies. An estate planning attorney, on the other hand, works with living clients on how their client's estates should be administered. The attorney could do that by helping clients prepare trusts, wills, and other relevant documents.May 8, 2020

Can you clear house before probate?

The answer is yes—you will still need to do a probate before you can go about clearing a house after death. ... The only instance where you're allowed to empty a house before probate is when probate isn't legally required all together.May 20, 2020

How do I get probate without a lawyer?

How to probate a will without a lawyer1) Petition the court to be the estate representative. ... 2) Notify heirs and creditors. ... 3) Change legal ownership of assets. ... 4) Pay funeral expenses, taxes, debts and transfer assets to heirs. ... 5) Tell the court what you have done and close the estate.Jul 4, 2021

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.

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

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.

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.

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.

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 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) ...

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.

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 ...

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 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.

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.

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 is the job of a probate attorney?

It is the job of the probate attorney to make sure the details of the estate closure do not become a burden for those who remain. They work directly with the personal representatives or Executors who have been charged to carry out the demands of the last will and testament. Furthermore, the probate attorney will work with the beneficiaries ...

Does death affect us?

While, it is never desired to have to endure such a legal process, we all know that death will impact us all in one way or another. By being proactive and working with a probate attorney to help you through the process you can benefit yourself and those who would receive your estate.

What is an estate plan?

An estate plan can be detailed and nuanced depending on the nature of the estate and how many assets are involved. Of the many things that an probate attorney will do is prepare for probate court, monitoring the estate checking account, collecting life insurance policies, dealing with income tax implications, working to retitle legal documents to the next appropriate person, and making sure all debts are paid from the estate before given the balance to the designated beneficiaries.