A probate lawyer is an attorney licensed by the State and is sometimes referred to as estate attorneys or estate Lawyers. The major role of a probate attorney is to ensure the beneficiaries and the personal representative are on the same page in regards to the settlement of a decedent’s Estate. It is, therefore, the role of the probate lawyer to walk the executor and beneficiaries through the entire probate process. It should be mentioned that the probate laws to be followed are those that govern the jurisdiction upon which the deceased lived to the time of their death. It is also depended on where the properties in question are. As such, it is often advisable that you hire a probate attorney from your local area who understands the local laws and regulations governing the probating process.
Did the deceased died testate or not because this is also an important factor of consideration? In other words, it means whether the decedent left behind a valid will and a valid testament. There is also the option of dying intestate whereby the decedent left no estate plan or valid will behind. A good and competent probate lawyer should be fully equipped with knowledge and facts to help handle either of these situations. A good and competent probate lawyer should also help make the process easier when it comes to understanding what is presented by an executor. This is often important in the event the beneficiary isn’t getting along with the executor or there is some lack of trust in the process.
Without a shadow of a doubt a probate lawyer plays a very important role that cannot be underestimated. For instance, it is the role of a probate attorney to locate and secure the probate and non-probate assets. It is also their role to help determine the date-of-the value i.e., the value of Estate at the time of death, should the interested parties want to have it. There is a likelihood the real estates would need to be retitled in the names of the beneficiaries, and this is a process foreseen by a probate attorney. A probate lawyer is also responsible for any arbitration work should a dispute arise during the probating process between the executor and the beneficiaries. Of course, they should be competent enough to represent you in a court of law should a case arise that needs legal representation. The good news is there is no shortage for good talent when it comes to competent lawyers in the probate field.