What Is a Probate Attorney?
As the name implies, a probate attorney is a type of lawyer that deals with the probate process. First, you need to learn the difference between the two types of probate attorneys. First, transactional probate lawyers are responsible for representing the client in probate court, distributing the property, and handling the administrative aspects of probate. Probate litigators, on the other hand, are responsible for taking care of disputes and lawsuits regarding contested estates.
Do You Need a Probate Attorney?
There are a few questions that you can ask yourself before hiring a probate attorney. Having a probate lawyer is not always completely necessary, but they can be helpful in many circumstances. If you are a lawyer yourself, or if you are familiar with local probate law, you might be able to represent yourself.
Additionally, you may not need a probate attorney if the property was under joint ownership, or if you did other probate avoidance planning before the homeowner passed away. If you have a joint ownership or an asset in a living trust, you might be able to bypass the probate process altogether.
Finally, if the deceased person named specific beneficiaries for different assets, you might not need to go through the probate process. Probate lawyers can be very helpful but very expensive, so be sure to take all of the facts into account before rushing into probate.
How to Hire a Probate Attorney
When looking into attorneys, you will want to get a sense of the firm’s experience with probate. Make sure that the attorney has experience navigating the probate process and ask all of the questions you can. How easy is it to get a hold of someone if you have questions? How are payments made? Can someone at the firm help with disputes if they arise?
Grieving the loss of a loved one and going through the probate process is not easy, so make sure that you find a probate lawyer who is sympathetic to your needs. Since your emotions will likely be high during this time, you need to find someone who can keep a cool, patient head and explain the process to you.
Conclusion
A probate attorney can be a valuable source of knowledge and a rational perspective during the probate process. When searching for a probate attorney, make sure that you find someone who is compassionate, patient, and accessible during a high-stress time.
