You may have heard the word “probate attorney” discussed if you are a personal representative or executor of an estate or merely a beneficiary. You may worry if you need to hire a lawyer to handle the estate, or you may even doubt their ability to do so. You must understand what a probate lawyer does when needed and what your duty is while working with one in your role as a personal representative.
What is the role of a Probate Lawyer?
A probate lawyer provides legal advice and support to the personal representative or executor of an estate throughout the probate procedure. Probate is a time-consuming process that might take months or even years to complete. The personal representative is responsible for completing several phases in the system. They may also be held accountable for any errors made during the process. A probate attorney can assist them in navigating this complex scenario.
Is there a difference between a Probate Attorney and an Estate Attorney?
An estate attorney is another term for a Probate attorney in Hemet. Technically, the two terms are interchangeable. People often equate an estate attorney with a more extensive probate process with more assets. On the other hand, the attorney can assist with estates of any size as they go through the probate process. When an estate doesn’t need to go through probate, the attorney can advise the personal representative or beneficiaries.
What is the Role of a Probate Attorney?
Depending on the size and complexity of the estate, the job of a probate attorney may change. They may serve as advisors in virtual instances, answering questions and directing the personal representative through the probate process.
The attorney typically plays a crucial role in more intricate estates. They could be able to assist in locating, identifying, and securing estate assets. They can obtain valuations for any fundamental properties that the decedent owned. The attorney can help pay the estate’s debts once the inventory is completed and creditors have been notified. If there aren’t enough liquid assets, they may assist with asset sales to pay off obligations.
When it comes to dispersing an estate, there can be a lot of paperwork involved. An attorney can help you fill out those documents, such as tax returns. They will also be able to establish whether or not an estate or inheritance tax is due and pay it. The attorney has the authority to administer the estate’s checking accounts and collect proceeds from life insurance policies and other charges.
Following the payment of bills and taxes, the attorney can assist with transferring assets from the decedent to the beneficiaries by the will or state law. Once everything is accomplished, they may be in charge of distributing the assets and ending probate for the estate.
Dealing with those who challenge the will or creditors who file a claim against the estate that the personal representative opposes is one of the most significant duties for a probate attorney. In some cases, the estate’s counsel may provide supporting evidence to the court on the estate’s behalf.