Probate refers to the legal process through which the estate owned by a deceased person can get transferred to his/her heirs. The process involves estimating the value of all the assets of the person and paying the final bills and taxes. After paying all the debts, the distribution of the rest of the estate takes place. In other words, probate is the process of proving a will in the court and accepting it as a valid document. Once the probate is granted, the execution of the instructions in the will takes place accordingly. Also, irrespective of the appraisal of the estate, a probate is always required.
However, initiating probate can be a tedious task. Being a legal process, it’s quite obvious that it will be time taking, complicated, and expensive as well. Because of these aspects, people often require some assistance during the whole process. Therefore, a person should hire an attorney to be stress free, as an attorney gives advice and suggestions regarding the probate. Well, this article focuses on the reasons that will prove that hiring an attorney is necessary for initiating probate.
What Is A Probate Attorney?
A probate attorney is the person that deals with all the matters regarding a will of any person. An attorney also manages and transfers the estate, which depends on the statements written in the will. The attorney can give advice to their clients on various legal matters, which are related to the process of probate. It’s their duty to ensure that the execution of the will is smoothly and fairly done. These lawyers may also represent heirs and creditors in the result of the asset.
What Duties A Probate Attorney Has To Perform?
There are important duties that are performed by an attorney during the procedure of probate. Below is a list of certain tasks that a probate attorney has to carry out to assist the executor during the process:
- They are responsible for analyzing and securing the estate of the deceased.
- They have to finalize and fill all the documents required for a probate process.
- An attorney determines the total value of the property belonging to the deceased person.
- They ensure that all the bills of the deceased person are paid.
- They resolve all the pending taxes of the person before the petition is filled.
- On completion of all the administrative tasks, they file the petition in the court.
- After the order of the court, they direct the concerned person to distribute the assets to the heirs as per the terms of the will.
The Significance Of A Probate Attorney
The importance of an attorney during a probate is very high. When a will is prepared before the death of a person, then it is the attorney’s part to provide its executor a proper guidance regarding all the legal work. The attorney has to scrutinize the will meticulously and take care of the legal procedures.
During a legal procedure, there are various matters that involve permission from courts, and in such cases as well, an attorney plays an important role. This is so these permissions are granted to a person when his/her attorney asks for the same in the court.
It’s quite common that some greedy family members try to take the estate through illegal or unfair means by challenging the will. Therefore, it’s important to hire an expert attorney who will ensure that the assets are inherited by the rightful beneficiaries.
Reasons To Hire An Attorney
There are some strong reasons for hiring an attorney for initiating a probate. In case where an individual dies without preparing any will, then the attorney will make sure that the estate can be transferred according to the law. It’s hard to comprehend the legal terms for a normal person, because of which it’s necessary to hire an attorney. Once you hire an attorney, he/she can help you deal with the whole judicial process and resolve any problems that you may face.
Also, in the absence of the will or if the will does not contain clear statements regarding the distribution of the estate among the heirs, it may cause disputes among family members. So, if you have an attorney with you, then in such cases, he/she will be very helpful as they can settle all disputes and make sure that the settlement takes place by keeping the legal aspects in mind.
Thus, hiring an attorney for initiating a probate is essenyial. Also, the probate attorney will guide you throughout the process patiently and will make sure that there are no challenges in the way of the execution of the will.
Bottom Line
The information provided in this article will give you an idea about why an attorney is necessary for initiating a probate. Hiring a good attorney for your probate is important to make sure that the execution of the will is smooth and without any inconvenience. So, whenever you are initiating a probate, make sure you have an attorney for initiating the procedure.
