A probate lawyer goes by several names: an estate lawyer or an estate attorney. Their main role is to advise executors, also called personal representatives and the beneficiaries of an estate on how the final affairs of the deceased should be settled. Often, a probate attorney will walk a personal representative through the whole probate process to ensure the executor has a clear understanding of what is required of them. 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. The other important fact to keep in mind is the fact that these laws are dependent on the physical location of the Estate in question. As such, it is often advisable that you hire a probate attorney from your local area who understands the local laws and regulations governing the probating process.
There is also the issue of whether or not the departed loved one died testate. Simply put, you want to understand whether or not there was a valid will or valid testament that was left by the deceased. There is also the option of dying intestate whereby the decedent left no estate plan or valid will behind. Thus, ensure you hire a very competent probate attorney to help with the interpretation of how the law is applicable on both of these situations. A good and competent probate lawyer should also help make the process easier when it comes to understanding what is presented by an executor. 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 instance, it is the role of a probate attorney to locate and secure the probate and non-probate assets. It is also their role to help determine the date-of-the value i.e., the value of Estate at the time of death, should the interested parties want to have it. In case the beneficiaries won’t be selling the property, there would be a need for property retitling, and that is the job of a probate attorney. 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. A probate lawyer should be competent enough to ensure they provide the best legal representation should the need arise during the probating period. Luckily, you will be lost for choice when it comes to hiring the best probate lawyer.