What does it take to be an Estate Probate Lawyer?

Answer 1

Dealing with a deceased loved one's estate can be confusing, especially during a time when family members and friends are grieving. There are rules that must be followed and paperwork that must be filed in a timely manner, making even of the simplest of estates difficult for a layman to handle. Large, complex estates or situations where there are conflicts over the division of the estate require the expertise of a trained Estate Probate lawyer.

What Is Part Of The Estate?

Everything owned by the deceased person, or decedent, including property owned jointly with others and all monies owed to the decedent.

What Does Probate Mean?

Probate is the process by which the decedent's will is processed through the legal system. When the deceased person made their will, he or she named an executor for their estate. The executor receives a sum for the work he or she performs. It is the executor's responsibility to see that the will is probated in a timely manner, all paperwork is properly filed and the assets are distributed amongst the heirs as specified in the will. If the deceased person owed debts, those must be paid proportionally to the creditors. As probating an estate is an exacting and time-consuming process, most executors hire an Estate Probate lawyer.

What Does An Estate Probate Lawyer Do?

An Estate Probate lawyer sees that the necessary legal notices are placed in the newspaper to serve notice on all persons and entities having a claim on the estate. The lawyer deals with creditors as well as those owing money to the estate. The lawyer also handles tax issues, gets appraisals on property and assets and deals with the decedent's bank accounts. Working with the executor, the Estate Probate lawyer ensures that all debts are paid, all monies owed are collected and the estate is divided amongst the heirs according to the wishes of the deceased person.

Does Every Estate Need An Estate Probate Lawyer?

In short, yes. Unless the executor happens to have the legal knowledge to make sure that every requirement is followed to the letter of the law, it is best to hire an Estate Probate lawyer. Heirs to the estate may hire their own lawyers to represent their interests as well.

Although the subject is not one that most people want to think about, let alone deal with, planning ahead for the dispersal of one's estate is the best way to ensure that your wishes are carried out with as little extra stress on your loved ones as possible.