A probate lawyer is one who is licensed by the state and helps the executor of the will. If there is no will, the probate lawyer will work with the family of the deceased to settle the estate. These lawyers can help your family if you have lost a loved one and need to know your next steps.
If you need one of these attorneys, you will need to have one that is licensed in the state that you are in. If you live in California, you could call a probate attorney in the Bay Area to help you out. You can call one from anywhere in the state.
This article will help you to learn about probate lawyers and what they do. It will help you to learn when you need it. You can also do more research to find out the information that you need.
Information About Probate
- What Does Probate Mean? This means that you are proving a will. This is what happens when you pass away, and you leave a will: https://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/the_probate_process/. The term can also be used when there has been no will left and your family is trying to settle the estate.
- What Are Some Terms Used in the Process? There are many terms that are used when you take something to the probate court, and you might not be familiar with them. A decedent is a person who has passed away. A testate estate is when someone has passed away and they have a will.
The intestate estate is when the decedent did not leave a will. An executor or executrix is the person that the court appoints to be the agent for the estate in a testate estate. The administrator or administratrix is the person that the court appoints to be the agent for the estate in an intestate estate.
- This is Public – People are sometimes scared by this fact, but they really do not need to worry. People fear that their family’s dirty laundry will be aired in court, but it usually does not go that far. There usually is not any laundry to air, dirty or not. Usually, the requirement to file for the inventory of assets is waived by the family.
- Debts and Taxes Do not Die – Before the estate can be settled, the assets are used to pay off debts that the decedent had. The personal representative needs to use any assets to pay these debts. This is done before the estate can be divided up among the family and friends.
- When Do You Need to Do an Inventory of Assets? This can be waived by the court, or it can be done by a personal representative. See here to learn more about this. If it is waived by the court, the representative still must fill out the inventory of assets for the benefit of the beneficiaries, taxing authorities, creditors, and anyone else who may be interested in it. This needs to be done before the estate is settled.
- Which Assets are Probate Assets? This is one of the more confusing parts of probate. Probate assets are those that were only in the name of the decedent or that were jointly owned without rights to the survivors. They do not automatically pass to someone else by law when the person dies.
- What Fees Are Involved? The fees involved are attorney fees and representative fees, but they are generally paid out of the estate. This must be approved by the court, but it usually is. If the court does not approve this, the beneficiaries can agree that the fees may be paid out of the estate.
- How Long Does It Take? The process can take several months, usually more than four. The reason that it takes so long is that there are waiting periods for different things. After the waiting period and getting things in order, it can take six months or longer.
- How Much is the Court Involved? The court is really there to oversee the proceedings. It is there to make sure that everything is done right. The personal representative is the one that does most of the legwork.
- What Happens at Closing? This is when all the final waivers need to be obtained from everyone. The representative needs to make sure that all the loose ends are buttoned up. When this happens, the court will let the estate be closed and the representative will be released from their duties.
Conclusion
A probate lawyer has the job of helping people at the end of their lives. They can help settle the affairs of the decedent and allow the family to move on. This is a good service for them to do.
It is disheartening to observe the amount of stress and uncertainty my parents have been experiencing as they attempt to go through the estate papers left by my late grandma. Hiring a probate attorney, in my opinion, would help them organize things and make sure everything is done correctly. As you mentioned, a probate lawyer is an attorney licensed by the state who represents the will’s executor. I understand that in the event of a willless death, the executor will collaborate with the departed person’s relatives to resolve the estate.