When Do You Need A Probate Lawyer?

When Do You Need A Probate Lawyer?

  • 03 Jun Off
probate attorney

A probate attorney can help family members of a deceased person to settle the debts and distribute the assets.

What Is a Probate Lawyer?

 Probate attorney, also called trust or estate attorney, helps executors of the estate in managing the probate process if there is no will.

Probate attorneys also help with estate planning; they give advice on powers of attorney, and also help in the drafting of wills or living trusts, or even serve as an executor or administrator.

Can The Assets Of A Deceased Person’s Be Transferred Outside Of Probate? 

It depends on how much planning a person did before death. Normally, every asset can be transferred without probate court to their new owners if planning was done. Assets held in a living trust don’t need to go through probate. There are many other ways to avoid probate. Your attorney should counsel you on all available options.

When There Is a Will

If a person dies with a will, the family members will be required to open a probate. An attorney can draft the necessary documents to guide you through the probate process and make the process go smoothly and as fast as possible.

When There Is No Will

When an individual dies without having signed a will it is said that the individual has died intestate. In this situation, the estate is divided as per the laws of the state where the property resides, regardless of the family’s wishes. For example, if the deceased is married with children from a prior marriage, the surviving spouse gets half of the deceased’s intestate property and the children split the other half in many states.

In these situations, a probate lawyer may be hired to assist the administrator of the estate, and the assets will be distributed as per the state law. A probate attorney can help with the tasks listed above, and assist in the proper administration and navigation through the court system.

Final Words

Whether the deceased person has left a will or not, a probate lawyer can help you in ensuring that the whole process goes smoothly and as per law. Many times unseen problems arise. These problems may be easily resolved when you hire a probate attorney.

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