Very few people consider the role of a probate lawyer until they are facing the death of a loved one. To learn more about what to expect when a loved one passes away, read on.
Filing the Will
If your loved one left a will, a probate lawyer will file the will for you in probate court. Probate lawyers can answer your loved ones' questions about the probate process and what to expect in terms of time, debts, and assets of the deceased. If your loved one left no will, you must still file paperwork with the probate court. Overall, the probate process for cases without a will is about the same as for those who pass away with a will. If the estate has a very low value, many states offer an expedited probate process, or you may be able to skip it entirely.
Support for the Personal Representative
All estates must be overseen by a personal representative or executor. This person might be called an administrator in the event there was no will. In many cases, the surviving spouse or an adult child of the deceased is named the personal representative. The probate lawyer will act as a go-between for the personal representative and the probate court. They can provide guidance on performing personal representative duties so that everything gets done on time and in a legal manner.
Dealing with Creditors
If the deceased owed money, everything that gets paid goes through the probate attorney. Usually, the probate lawyer places an ad in the local paper calling for anyone with a claim on the estate to come forward by a specified date. They also can advise the personal representative on how to pay any bills of the estate that come due. For example, the power bill of the primary residence must be paid during probate.
Assisting With an Inventory
One of the first actions taken by the probate court is to order an inventory of assets to be taken by the personal representative. That means a full accounting of the home and its contents, all vehicles, all financial accounts, jewelry, art, and more must be provided to the court within the assigned timeframe.
Representation of Others
Anyone who believes they have an interest in the estate can contest a will. Probate lawyers also work with those people who believed the will is invalid or allege other types of wrongdoing.
Speak to a probate lawyer when you have questions. Most will advise you on wills and probate matters, even if no death has occurred. Learn more by making an appointment today.
Share20 January 2022
There are so many legal situations that you can find yourself involved with, but do those situations really require that you hire an attorney? Some instances you may not need an attorney working with you, but in other situations, an attorney is definitely a necessity. This blog contains tips and advice for working through the different elements of the legal system. You will find information that can help you determine if/when you need to hire an attorney to represent your best interests. Knowing this information can help you avoid the costly mistake of taking on the legal system without someone who knows how the system works.
