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Understanding The Critical Role that a Probate Lawyer Plays

First things first, we need to understand who a probate attorney is, and by definition, they are State-licensed attorneys, also referred to as estate lawyers or estate attorneys. It is the role of a probate attorney to ensure all interested parties in a deceased estate are on the same page in regards to property distribution. It is, therefore, the role of the probate lawyer to walk the executor and beneficiaries through the entire probate process. It should be mentioned that all the steps taking place during Estate probating are determined by the probate laws applicable where the deceased lived at the time of their death. Further, it is important to keep in mind the laws are applicable also in the jurisdiction upon which the Estate is located. Therefore, you might want to ensure you are dealing with a local probate lawyer who has full knowledge of the probate laws applicable in the areas in question.

There is also the issue of whether or not the departed loved one died testate. This is construed to mean whether there was a valid testament and last will the decedent left behind. Also worth taking note is the fact that a decedent can die intestate meaning they left no valid will or estate plan upon their demise. A good and competent probate lawyer should be fully equipped with knowledge and facts to help handle either of these situations. One can also hire a probate attorney to advice the beneficiaries of an estate on the legal matters that an executor presents during the course of the probate process. You will find this especially important if there are trust issues between the executor and the beneficiaries.

No doubt there is a lot you can benefit from a competent and experienced probate lawyer. For example, a probate lawyer can be tasked with searching for and locating not just the probate assets but also the non-probate ones. They can also help determine the date-of-the value by an appraisal of the properties in question should there be need for that. You can bet a probate lawyer will also be responsible for property retitling should the need for that arise in the probating process. Should there be a dispute amongst beneficiaries and executors, it is also the role of the probate lawyer to help arbitrate and reach a logical conclusion. Should there be a court case, it is the work of the probate attorney to ensure a fair judgment and fair distribution of the decedent estate. The best part of all this is the fact that there are so many competent probate lawyers in the job market today.

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