What Is A Probate Lawyer?

Navigating the death of a loved one and the ensuing probate isn’t easy. Chances are, you’ll be overwhelmed at some point. If you’ve been the estate’s personal representative, you’ll have to deal with your legal obligations while also handling the grief of losing a family member.

Yet, you don’t have to go through the complex probate process by yourself as you can always rely on a probate attorney to help you get everything in order. 

But what is a probate lawyer and how can they help you?

What Does a Probate Lawyer Do?

If you’re wondering what is a probate lawyer, the answer is relatively simple. This type of lawyer is a licensed attorney specializing in handling probate and all its legal aspects. Some of these include applying for probate and representing the personal representative or the estate itself. 

Regardless of whether the attorney is merely assisting the personal representative or handling everything, their role is to act in the best interests of the client. This means making sure that the estate is distributed according to the wishes of the deceased individual or in accordance with state requirements. 

Duties of a Probate Lawyer

Now that you know what is a probate lawyer, it’s time we take a look at their duties in a bit more detail. 

Generally speaking, the duties of a probate lawyer are agreed upon with the client. For instance, they may assist the personal representative of the estate , the beneficiary who wants to start litigation against the estate, or even act as a personal representative themselves.

The biggest influence on the role and duties of a probate lawyer will also depend on whether the deceased individual left a will. 

If there is a will, the attorney will apply for a grant of the probate in the county where the decedent resided at the time of their death. They’ll submit all the necessary documentation and wait for the will to be verified by the court. 

Their duties may include the following:

• Creating an inventory of assets and conducting the appraisal of each item (if needed)
• Notifying and communicating with the creditors of the estate and paying off the estate’s debts
• Overseeing the transfer of titles for larger assets such as vehicles and real estate
• Communicating with insurance and pension providers
• Overseeing the transactions in the estate’s checking account
• Filing all paperwork
• Preparing the final tax return and resolving any outstanding tax debts
• Overseeing the distribution of the assets under the will 

If the decedent didn’t leave a will, the law mandates that they have died intestate. Thus, their assets will be distributed according to Florida intestacy laws. The duties of the probate lawyer will stay pretty much the same, with a few exceptions. 

Because there is no will, the attorney must submit only the application for probate and the death certificate. The court will then assign a personal representative of the estate. 

Once all the administrative duties are completed, the remaining assets will be distributed per the aforementioned intestacy laws, in spite of the wishes of the deceased individual. 

Do You Need a Probate Attorney?

Regardless of the circumstances, it’s always a good idea to hire a professional probate, especially if the decedent owns assets in multiple states or there is a significant tax debt attached to the estate. These situations are too complex for most people to handle, which is why having an expert on board is recommended. 

Similarly, you should consider hiring someone if the probate is taking place in the state where the personal representative doesn’t reside. The reason why is because they’re unfamiliar with the local laws and requirements, and will most likely have trouble fulfilling all legal obligations on their own. 

In addition, a probate lawyer can be a lifesaver in situations where someone has brought litigation against the estate. This can happen if creditors file a lawsuit against the estate or beneficiaries are attempting to contest the will. If those suing the estate are in the wrong and their interests clash with the wishes of the decedent, you owe it to yourself and the decedent to hire a legal professional. 

In Which Cases is a Probate Lawyer Legally Required?

When you looked up what is a probate lawyer, you probably also considered whether they’re legally necessary. After all, if you’re handling creditor debts and paying off overdue tax, you’re trying to preserve as many assets as possible. 

As a rule, hiring a lawyer is necessary if you’re opening up a formal probate. However, legally, there are no requirements in the following situations:

• Summary administration
• Disposition without administration
• Estates where the personal representative is the sole beneficiary

In other words, if the decedent died while owning more than $75k of assets and the legal beneficiaries want to open probate within two years of death, formal administration will be necessary and you’ll legally need a probate attorney.

Since not all assets are included in the estate, such as assets in living trusts, life insurance with named beneficiaries, shared assets, or jointly owned real estate, it means you can avoid formal probate with smart estate planning decisions. 

If the value of assets falls under $75k and the decedent has been deceased for over two years, you can file for summary administration, which is less costly and takes only two months. By contrast, you can expect a formal administration to take over a year to complete.

In the event a person leaves just a small amount of money and their probatable assets (assets that are required to go through probate) are smaller in value than their medical expenses from their final two months and the funeral costs, you can file for disposition without administration to bring down the overall costs. 

Protect Your Loved One’s Estate With Law Offices of Mary E. King

Even if you can go through probate without hiring an attorney and believe that it will be smooth sailing because the estate seems simple enough to handle, think again. Every type of legal proceeding is challenging and making any technical mistakes could lead to lengthy delays. 

Sadly, the longer the probate goes on, the more money you’ll spend. So to preserve the estate and avoid any unnecessary delays, consider working with the attorneys from the Law Offices of Mary E. King.

Our main goal has always been to help grieving families in Florida resolve their estate matters quickly, fairly, and efficiently at a reasonable price. Make no mistake - we’re still one of the top probate law firms in the area, yet, we care more about the overall wellbeing of our clients than we care about money. 

We’ve helped many families navigate this treacherous process and we’re looking forward to helping you too. 

Schedule a free consultation by filling out our contact form or dialing 941-906-7585. 

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.