Probate Attorney

What is a probate attorney?

When a family member dies, their estate may need to go through the probate process, which involves a probate court ensuring that the estate assets are distributed to beneficiaries and that debts and estate and income taxes are paid. A probate attorney, who is familiar with probate law, can be hired to help with the probate process.

Probate attorneys, also known as probate lawyers, can:

• Identify and pay estate and/or inheritance taxes
• Manage estate bank accounts
• Arrange for estate property appraisals
• Navigate probate litigation, if there are disputes or creditor claims during the probate process
• Distribute assets to designated beneficiaries according to the decedent’s will or state intestacy laws

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FAQs 

Who does a probate attorney represent?

A probate attorney either represents the estate itself (if they are also the executor) or the executor of the estate, the person named by the testator to help manage their property when they die and distribute assets according to their will. In this case, the probate attorney helps the executor with their duties, ensuring that the estate is settled appropriately. 

Do you need a probate attorney if you don't have a will?

You don’t necessarily need a probate attorney if there is no will, as the decedent’s assets will be overseen by a probate judge and distributed according to state intestacy laws. This is known as intestate inheritance. However, whomever the state appointed as the estate’s personal representative may want to hire a probate attorney who can guide them through the legal process.

What’s the difference between a probate attorney and an estate attorney?

The difference between a probate attorney and an estate attorney is that a probate attorney helps with estate administration after a person’s death, while an estate planning attorney works with the person during their lifetime to plan for the management and distribution of their estate upon their death. An estate lawyer helps with designating beneficiaries, choosing an executor, and creating legal estate planning documents.

Are probate lawyers free?

No, probate lawyers are not free. A probate lawyer typically charges by the hour, a flat fee, or a percentage of the estate’s value. Exact fees depend on factors like the complexity of the estate, how long it takes to settle the estate, and local rates.