Who is a Probate Attorney?
After the death of an estate owner, his estate will be distributed based on what was stated on his or her will. Before the transfer can take place, the estate or will of the deceased will undergo the probate process. It is the job of a probate attorney to guide the estate beneficiaries including the estate executor through the probate process. The probate attorney will assist the estate executor to locate all the assets of the estate owner and distribute assets to the designated beneficiaries.
A probate attorney is a lawyer who works with the executor of an estate including the beneficiaries to resolve the matters of the deceased. This individual is usually state certified and has a vast experience and knowledge in the probate process and probate laws.
A probate lawyer can also be regarded as an estate lawyer and can assist an estate executor in several ways, though this depends on the circumstances surrounding the estate of the deceased. The involvement of an estate attorney hinges on several factors. If the decedent left a will after his or her demise, you may not need the services of a probate attorney. In a situation where there exist no will, the beneficiaries of the estate will have to file claims in court to sue for what they feel belong to them. To carry out such action, the services of a probate attorney or an estate lawyer may be required.
Duties of a Probate Attorney
Just like an estate executor, a probate attorney has lots of duty. Their primary duty is to assist the estate executor and the beneficiaries when the probate process is on. Since they have the expertise and knowledge, they can make the probate process less stressful for the involved parties. Thanks to their experience, they will also be able to walk the involved parties through the whole process so they know what to expect and how to get ready.
A probate attorney may help the estate executor and beneficiaries with the following:
- Locate the assets of the deceased
- Settle all due taxes of the deceased
- Settled all unpaid debts of the deceased
- Disburse the assets of the deceased to the designated beneficiaries
- Prepare all necessary documents needed for the probate process
- Get the value for the real properties of the deceased
- Help in settling all income tax problems
Probate Explained
The probate process is feared by everyone which is why estate planning attorneys often advice their clients to plan their estate to avoid this tedious, expensive, and time-consuming process.
When you die, your estate will be left behind. If you planned your estate before your demise, your properties will be shared based on what is stated in your will. If for some reasons, you decided not to plan your estate while alive, your estate will be shared based on the intestate law of New York.
Probate process is done to determine the validity of a will. This process which is usually carried out in a probate court, is also done to settle all the affairs of deceased before a transfer to the designated beneficiaries can be initiated.
In the will of the deceased, an estate executor is always selected to act on behalf of the estate owner who is dead. The estate executor can be a close friend, relative, or any trusted individual. To avoid any potential family dispute, it’s best you select someone who is familiar with your family. In a situation where you die without writing a will, it becomes the duty of the pro bate court to select an individual who will act on behalf of the estate owner. This individual is often a close family relati8ve or anyone who inherits a large portion of the deceased estate.
The estate executor will have to handle all the affairs of the estate. He or she can seek for the assistance of a probate attorney if need be. It is the job of the sate executor to prove to the probate court that the will is valid. It is also the jib of the estate executor to manage the estate while the probate process is ongoing. This process can be as long as a year or few months; depending on the circumstances surrounding the estate.
