when do you have to hire an attorney for probate

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.

Full Answer

Do I need to hire a lawyer for probate?

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. A probate lawyer can assist in many of the responsibilities throughout the probate process. They can ensure that any documents required by the probate court are filed in an appropriate manner and timely fashion. Probate lawyers can …

What does a probate lawyer do?

Most probate attorneys offer a free consultation to help survivors determine if they need to hire an attorney. A probate attorney can also help if the deceased does not have a will, which is called dying intestate. In this case, state intestacy laws will dictate how the deceased’s assets are passed to heirs and beneficiaries.

Do I need a lawyer to wind up an estate?

May 20, 2013 · Although there is no requirement to do so, in most cases, the best way to protect your rights is to hire a competent probate attorney. The Probate Pro recommends the following tips deciding to hire a probate attorney: The Initial consultation should be free and specific

How much does a probate lawyer cost?

May 08, 2020 · You are not required by law to hire a probate lawyer, but it may be in your best interest to do so since the probate process can get complicated. Questions You Should Ask Before Hiring a Lawyer. Whether or not you decide to hire an attorney will depend on the specifics of the case and what is included in the probate estate.

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The role a probate attorney plays

Before deciding when (or if) you need a probate attorney, you need to understand what exactly a probate attorney does. 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.

When there is not a will

When someone dies without having signed a will it is said that the individual has died intestate. In this situation, the estate is divided according to the laws of the state where the property resides, regardless of the family’s desires.

What does a probate attorney do?

A probate attorney mainly gives legal advice regarding the estate administration. The attorney's role will differ based on whether the deceased had a will or if they died intestate (without a will). Some of the things an attorney can help you with include: Transferring real estate and other assets to beneficiaries.

How long does probate take?

If there are issues with the will. If there are taxes and debts that need to be paid. Depending on how complicated the case is, the probate process may take anywhere from a few years to decades.

Is probate easy?

Navigating through probate is not an easy task. It requires you to know your state's specific probate rules and procedures. If you are an executor or are somehow involved in a probate process, speak to an experienced attorney near you to get proper legal advice. You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help.

What happens if you die without a will?

However, if the person died without a will ( intestate ), the state's intestate succession laws will be applied. If there is a will, the person who passed away will usually have named a specific person as an executor. This person is in charge of managing the decedent's affairs.

Does an estate have to go through probate?

Whether or not an estate has to go through probate depends on the laws of the state. Some states, for instance, have simplified procedures to transfer property if the estate doesn't have enough money or if the estate's worth is under a certain amount.

What to do if someone close to you dies?

If a relative or a person close to you has died, you may need help dealing with that person’s assets and debts. This is especially true in these kinds of situations:

What happens when a person dies?

When a person dies, they leave behind memories for their loved ones to cherish. They also typically leave behind an “estate,” which consists of property, bank accounts, and other assets. They may also leave behind debts—sometimes substantial ones. If the person drafted and signed a will, and if the terms of the will and dynamics among the beneficiaries are fairly simple and straightforward, the will’s executor may be able to distribute the estate easily. But if there is no will, or no beneficiaries, or if the decedent has left unpaid debts, the process of probate will be needed to facilitate the settling of debts and/or the distribution of the estate. Probate is also needed to transfer ownership of property to a beneficiary if the property was solely owned by the decedent. And when probate is required, hiring a probate attorney is a good idea. A lawyer who deals with probate will know how to manage estate taxes, access all the estate’s assets, file probate documents correctly, and act as a buffer between feuding family members, if needed. And, most importantly to many who make the wise decision to enlist legal counsel for probate, a probate lawyer can expedite the notoriously slow probate process, and bring closure and peace of mind to everyone involved. Here is how to hire and work with a probate attorney.

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 attorney?

Let’s take a look at some of the top reasons to hire one. 1. Keep the Family from Conflict. Hiring a probate attorney is a great way to prevent needless family conflict. Without a lawyer, many family members may want to be a part of the probate process, which adds to the conflict and confusion. If you don’t allow them to participate, they might ...

How long does it take to get a probate?

Probating can be a lengthy process – it often takes over a year. Probating an estate never happens faster than about three or four months. No one can instantly access property, assets, or investments, but having a probate lawyer will make the process much faster.

What happens when family members don't agree with probate?

When family members don’t agree with the probating process, lawsuits can be the result . These lawsuits are expensive and time-consuming, and when they involve family members, they can also be emotionally exhausting.

Is it difficult to probate an estate?

It’s incredibly difficult for someone without a thorough working knowledge of the law to probate an estate. This results in surviving loved ones having to go through extra stress as they try to navigate the legal process.

Do probate lawyers get paid?

These lawyers have knowledge of probate law. Working with them takes away the guesswork and potential for errors, and makes the whole process much faster. Probate lawyers don’t need to be paid by the person who hires them – they’ll be paid from the estate.

What happens when someone passes away?

When someone passes away, there’s often at least one defendant who tries to make a claim against the estate. This often happens when a family member or spouse wasn’t mentioned in the will but feels like they should have been.

Is probate a simple process?

Describing the process is simple, but the actual process is not so straightforward. If probating doesn’t get done right, the person in charge of the estate can become liable for any mistakes made in distribution. It’s incredibly difficult for someone without a thorough working knowledge of the law to probate an estate.