The key to understanding what is probate as well as understanding what a probate attorney is, is to understand what they do, how they do it and why they are needed.
What does a probate attorney do?
A probate attorney is a person well versed in a specific state’s laws regarding a person’s will and the execution thereof. Your attorney will know how best to advise the personal representative or executor of your estate as well as the beneficiaries of the estate in order to ensure that your last will and testament is upheld. Probate can be an extremely complicated process as there are numerous steps involved, but it is all dependent on the specific state where the decedent lived and passed.
Why is a probate attorney important?
It is the attorney’s duty to ensure that the decedents last will and testament is not only valid, but has not been tampered with in any form. The attorney may also be hired to mediate between the personal representative and the beneficiary should the two not be on good terms with one another.
The relation between a probate lawyer and a personal representative:
The probate lawyer will be hired by and help the person designated as Personal representative by the decedent in the Will, and aid the Personal Representative with various tasks related to your estate.
These tasks include:
- The valuation of the estate in its entirety.
- Filing all court documents.
- Ensuring that any form of life insurance is paid out to the estate and its beneficiaries.
- Ensuring that all outstanding debts as well as taxes are paid.
- Settling any and all disputes that may arise between the beneficiaries and the personal representative.
- Handling the transference of the title deeds in accordance with the last will and testament.
- The allocation of assets to the beneficiaries once all taxes and debts have been paid.
The importance of a probate Attorney
At the end of the day, every single person is mortal. You may not pass away today or for the next forty years., but the problem is that no-one knows when their time is up. It’s important to be cautious with the unknown future of your loved ones. A probate attorney will ensure that all your documentation such as your estate plan as well as your last will and testament is up to date.
Your attorney will ensure that nothing is left to chance in the event of disability or death. You will be provided for and so will your family. Even though rationally, people know that once we pass on there’s nothing that we can do for our loved ones who are still alive. It does ease our minds, knowing that should anything happen, they will be taken care of. This is one of the main reasons why the role a probate attorney plays is so vital.