what does 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. A trust can ensure a smooth transfer of property outside of court and legal proceedings.

How much do lawyers charge for probate?

Dec 21, 2018 · 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 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?

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: Appraising the property of the person who passed away Securing all that person's assets

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.

Do probate attorneys charge a percentage of the estate?

Some probate attorneys still request a percentage of the estate. Only seven states allow attorneys to charge in this manner, largely because it’s almost always a bad bet for the estate. The fees are based on the gross value of the estate rather than the net value, aka the value after all the debts have been paid.

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.

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.

Why don't I want to hire a probate lawyer?

Don't focus on the price too much. You don't want to hire the cheapest probate lawyer you can find simply because they're the cheapest. Remember, you get what you pay for. Investing more money into a lawyer that has the right experience is well worth the cost.

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 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.

Can I get through probate on my own?

The specific process of probate varies depending on the sate. Some states have a simple probate process, so you may be able to get through it on your own . However, in most cases, it's better to hire a probate lawyer. Since they know the probate laws inside and out, a lawyer will be able to guide you through the steps quickly and efficiently.

Can a probate lawyer help with an estate?

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) through the process. They may still be able to perform all the same jobs, but they may be limited by ...

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 ...

What happens if an estate does not have a will?

If the estate does not have a will, the attorney will have the difficult task of working through the court process all while trying to make sure the wishes of the family are kept intact while people potential contest the 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.

Is probate a slow process?

Probate is a notoriously slow process. There are timelines that have to be followed, and for many people, the pace of probate can begin to feel like the fault of the Personal Representative. This is a great place for your probate attorney to step in and calm everyone involved.

Is probate complicated?

Certain aspects of probate can get pretty complicated. Whether it’s liquidating a specific asset, distributing an asset under the pressure of a beneficiary (before it should be) or figuring out how to pay income or estate taxes, issues arise in probate that Personal Representatives just aren’t sure how to handle.

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”.

How long do you have to keep a probate case open?

State law requires you to keep the probate case open for months, to give people time to come forward with disputes or claims—but in most probates, beneficiaries don't argue about anything in court, and few creditors submit formal claims. By all means, ask the lawyer any questions you have about the proceeding.

What to do when winding up an estate?

When you're winding up an estate, there's usually a lot of legwork to be done—things like making phone calls and gathering documents. Many of these tasks don't need to be done by someone with a law degree. So if you're paying the lawyer by the hour, you'll probably want to volunteer to take on some of this work yourself.

Do lawyers take responsibility for probate?

In other words, many lawyers no longer insist on taking responsibility for all the work of a probate case.

What is a Probate Lawyer Supposed to do in the Probate Process

A probate lawyer is an attorney who offers legal counsel and assistance to the personal representative or executor of an estate throughout the probate process. Probate is a complicated process that can take months to complete or even years in some cases.

Is a Probate Attorney the Same as an Estate Attorney?

A probate lawyer may also be known as an estate attorney. The two terms technically mean the same thing. Sometimes people associate an estate attorney with a probate process that is larger and has more assets.

What Does a Probate Attorney Do?

The role of a probate attorney can vary, depending on the size and complexity of the estate. In the simplest situations, they are knowledgeable on probate law and the nuances of specific state laws, and they may give legal advice, answer questions or direct the personal representative through the steps to complete the probate process.

What Information to Know Before Contacting a Probate Attorney

Before you contact a probate attorney, you should know what you need them for. It’s helpful to have an idea of the assets owned by the estate and if you anticipate problems with beneficiaries or other involved parties.

When You Will Likely Need a Probate Attorney

Not all estates will need to hire a probate attorney. If the assets include a named beneficiary and the estate is below a certain dollar amount for value, the personal representative may not even need to go through probate.

How a Probate Lawyer Advises and Assists a Personal Representative

Sometimes a personal representative may want to hire a probate lawyer to assist them through the probate process. They know they are responsible for the handling of the estate and may not feel comfortable with the weight of that task alone.