A probate attorney doesn’t always need to be involved in the settlement of an estate. In our comprehensive guide, we’ll show you why.
Probate can be initiated immediately after the death of a loved one. Probate is a legal proceeding that validates a Will in cases where there is one. It can also be used to settle an estate. If the deceased dies without a Will or other Estate Plan, it is said that he/she died intestate. The estate would also go through probate.
Probate can be difficult, time-consuming, and expensive. After losing a loved one, it can seem overwhelming to try and navigate the process on your own.
While you might not need a probate attorney, if you are considering hiring one, this guide can help you understand everything.
What is the Probate Attorney?
A probate attorney, is licensed by the state, are a lawyer who assists the Executor of a will (if one has been appointed) and the beneficiaries of an estate in getting through probate while they settle an estate. They can help with everything, from inventorying the estate’s assets to understanding and paying any debts, to distributing the estate and other services.
Although they are qualified to assist with the actual Estate Planning process, probate attorneys charge a higher fee to set up guardianship and create a Will. Trust & Will makes personalized Estate Planning simple, affordable, and convenient without the need for an attorney.
There are two options for probate attorney’s fees: hourly or flat-fee. In some states, fees can also be determined by estate size.
What does a Probate Attorney do?
Probate lawyers are also known as probate lawyers. They help to settle estates. The Estate Plan outlines the next steps after the death of a family member. Probate will be required if they have a Will. Probate will not be required for trusts. This can make the process easier and more private. Even if the Trust is not subject to probate (and there is no Will), a probate attorney can still assist the Trustee in administering the Trust.
A probate attorney represents who? Probate lawyers typically represent the heir to an estate (a beneficiary), the personal representative, or the estate. Although it is rare, sometimes they may play more than one role.
An executor and beneficiary can be assisted by a probate attorney to help them with their estate settlement.
Recovering proceeds from life insurance policies
How to determine and pay inheritance taxes
Calculating and paying any estate or income taxes
Recognizing all estate assets
After paying all taxes and bills, final distributions
Opening and managing the estate’s check account
Real property appraisals ordered
Last bills and debts – Paying
All court documents must be prepared and filed
Beneficiaries’ names and retiling assets
Learn What Probate is and How You Can Avoid It
Many people believe probate is inevitable after the death of a family member. This is not always true.
Probate refers to the legal division and transfer of assets after someone dies. This is used in cases where a person’s real or personal property is not listed in their name.
Even if the will leave the property to a loved one, legal steps must be taken to administer this inheritance. When large estates are complex and include large amounts of money or multiple assets, probate is often necessary.
Take Care of the Estate of Your Loved One with Ease
It is hard enough to deal with the loss of a loved person. It can become emotionally draining when you add the task of fulfilling their final wishes.
Texas probate lawyer can ease your mind in this difficult time. The difference between a quick and complicated process is the ability to find the right lawyer.
Are you still unsure about which service is best for you? We are here to help you in this difficult time. Visit us at troymmoore.com today.
