what does the probate attorney do

A probate attorney can help you, or the executor of an estate:

• Complete all required paperwork and file it with the court within all deadlines,
• Guide you through inventorying and valuation of the estate,
• Ensure all paperwork and documentation is completed properly,
• Identify and manage life insurance policy proceeds,
• Pay the debts of the estate,

More items...

Full Answer

What are the main duties of a probate attorney?

• Important Facts About This Occupation
• Education and Skills. If you're a prospective estate lawyer, you typically must attend law school to earn your Juris Doctor degree, and then pass your state's bar exam.
• Salary Information and Job Outlook. As of March 2021, Payscale.com reported that estate planning attorneys made a median annual wage of $78,000.

How much do lawyers charge for probate?

Lawyers usually use one of three methods to charge for probate work: by the hour, a flat fee, or a percentage of the value of the estate assets. Your lawyer may let you pick how you pay—for example, $250/hour or a $1,500 flat fee for handling a routine probate case. Many probate lawyers bill clients by the hour.

What is a probate lawyer and what do they do?

• Collecting and managing life insurance proceeds
• Getting the decedent's property appraised
• Finding and securing all of the decedent's assets
• Advising on how to pay the decedent's bills and settle debt
• Preparing/filing documents as required by a probate court
• Managing the estate's checkbook
• Determining whether any estate taxes are owed

How to find a good probate attorney?

• Biographical information, including undergrad, law school, years practicing. Do they appear to have expertise in the area of probate, trusts and estates, or estate planning?
• Online search results. ...
• References. ...
• State bar association. ...
• Additional certifications. ...
• Membership in local, state, or national associations. ...
• Payment. ...
• Your special needs. ...

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.

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.

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.

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 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 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.

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 ...

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.

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 ...

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.

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.

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 are the duties of a probate attorney?

What Are The Main Duties Of A Probate Attorney? Initially, the probate attorney files the probate petition to appoint someone as the personal representative. He also handles all other required proceedings in court.

What is the final petition of a will?

The final petition accounts to the heirs for the assets and money that have come into the personal representative’s hands. Ultimately, the attorney asks the court for an order authorizing and directing the personal representative to distribute the property according to the terms of the will. The probate attorney may further deal with ...

What is the purpose of probate code?

If the personal representative believes that the bill is a valid debt, and sufficient money exists in the estate, then the Probate Code authorizes the executor to pay such bills without submission of a creditor’s claim. The personal representative reviews the filed creditor’s claims and then decides whether each creditor’s claim is valid or not.

How long does it take to get a letter of petition for letters?

Typically, creditors regularly review the local newspapers for probate notices. They then have 120 days from the issuance of letters to file a creditor’s claim in the probate to receive payment.

What happens if a creditor rejects a claim?

A notice of acceptance or rejection is then sent to the creditor. If rejected, the creditor has a period of time to file a lawsuit to enforce the debt.

What is the purpose of an attorney?

One of the purposes of an attorney is to advise the personal representative regarding his or her legal duties and make sure those duties are carried out. A personal representative is considered a fiduciary to the heirs and beneficiaries of the estate. This means that he has a duty of care to those people and is required to set aside his ...

What is the primary task of an executor?

One primary task that must be done is preparing and filing a full and final account of what that executor has done during his term as personal representative.

Know the Role: What Does a Probate Attorney Do?

Previously, we wrote about probate and the importance of having a probate attorney. A good probate lawyer can be a big help with the sometimes overwhelming and confounding probate process, working to ensure that beneficiaries and court officials get the best possible outcome.

Endnotes

1. Hicks, P. (n.d.). What is a probate attorney & do I need one. Trust & Will. https://trustandwill.com/learn/probate-attorney.

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.

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.

What does probate mean?

Probate refers to the process of executing the will of a deceased person and distributing their estate (their home, car, cash-based investments, retirement accounts, land, etc.) as per their wishes.

Why do you need a probate lawyer?

1. You Can Save Time and Avoid Personal Liability. If you are the executor of a will, hiring a probate lawyer can save you from a host of problems. They can help you avoid any errors in identifying and categorizing assets, preparing reports, paying debtors, and distributing assets to the heirs. If you do this on your own, you could make ...

What does a probate attorney do?

The probate attorney will manage the finances of the estate, take care of all debts, and file all relevant taxes. In the final step, the probate attorney will oversee the distribution of assets to the relevant beneficiaries and heirs.

What happens if a beneficiary receives $150,000?

However, if someone files a claim for $150,000, you may be required to use a portion of the deceased’s assets to make payment. In such cases, the beneficiary could stand to lose 50% of their inheritance.

Can a probate attorney help you avoid expenses?

Some of these costs result from hiring a probate attorney. However, having a probate attorney on board can also help you avoid certain expenses. As we mentioned earlier, these attorneys can assist you in paying the deceased’s lenders and filing relevant estate taxes.

Can a probate lawyer delay distribution?

It can also delay the distribution of assets. As we mentioned when discussing what does a probate lawyer do, they can also oversee other details in the probate process and save you time. There’s no predicting how long this process can take. However, if you have a probate lawyer by your side, you can expect it to complete more quickly.

Can a probate lawyer fill out forms?

A probate lawyer can fill out forms correctly, obtain signatures from the parties involved, and file the necessary documents on time. Streamlining these things can also save you from a headache or two. 2. You Can Reduce Costs.

What is probate attorney liable for?

Well, probate attorneys are usually liable for assisting and advising a general representative with following below-mentioned things –. For conducting the life insurance process, if any. Assisting and advising in distributions of number accounts such as pension accounts, IRA accounts, or any other.

Why is it important to choose a probate attorney?

Well, at the very first, choosing a probate attorney is an important decision to be made by the personal representative of a deceased person’s estate to ensure everything goes fine. Basically, a probate lawyer is held to be liable to suggest the representative of the estate that how to manage the assets of the deceased one.

When is probate necessary?

Probate is necessary if there is no will of the decedent one. It is necessary if there a valid will is there. Probate of will is important if there are some problems with the existing will. It is necessary when the assets are completely on the name of a deceased person.

What is checking accounts after a time being?

Checking accounts after a time being and ensuring other taxes are given. Solving all the disputes among personal representatives. For requesting courts permission for different matters as obliged by the laws. Transferring all the deeds into the beneficiaries names, if asked.