Who is a probate lawyer?
A probate lawyer is an individual who works with the beneficiaries and executors of an estate to settle everything regarding the probate of the decedent. Not all cases require the help or services of a probate lawyer. For instance, a probate can be prevented if the assets of the deceased is placed in a trust. A trust can guarantee the smooth transfer of property without any court or legal proceedings.
A probate lawyer is very vast in knowledge regarding probate process and its requirements. These individuals can help you solve your probate issues thanks to their experience in the field.
What is probate?
Probate- which is the first step to be taken when administering the estate of a dead person- is carried out to ascertain the validity of a will. Probate is also regarded as the administration of a dead person’s will or the estate of a dead person without a will.
The probate process can last for a long time, depending on the nature of the will. This process is often done in the court premises. For a probate process to go on smoothly, the right documents must be made available by the executor via the probate attorney.
After the death of an asset holder, the court chooses either an executor designated in the will, or an administrator (in the case where no will exists) to supervise the process of obtaining the deceased assets, to settle any leftover liabilities on the person’s estate, and to share the assets of the estate to the designated beneficiaries named in the will or chosen by the executor.
How does a probate work?
Probate is important because it is the first stage in administering the estate of a decedent and sharing assets to the designated beneficiaries. When an asset owner passes on, his properties are shared based on whatever is stated in his will.
In few scenarios, the decedent fails to leave a will which has instructions regarding how his or her assets should be shared after he or she kicks the bucket. Whether a will is available for guidance or not, the assets of a deceased estate may need to go through the probate process.
What are the features of a good probate attorney?
Hiring a probate attorney is more than you googling “Probate attorney near me 10009”. Lots of research and work needs to be done in selecting the appropriate probate attorney.
In selecting a probate attorney, ensure that you take your time because your future and that of your loved ones may depend on it.
Here are some attributes you should look out for in a probate lawyer.
- Must be knowledgeable and have required skills
Because the probate is a complex one, it is paramount you hire a probate attorney who is conversant with probate laws and other crucial probate-related knowledge. Go for a probate layer who is quite experienced so that when the situation is getting out of hand, he or she would know what to do at the appropriate time.
Also make sure the probate lawyer you hire is vast in all aspects of estate planning. It is recommended that you hire a probate lawyer who is accustomed to taking care of courtroom sessions even if the probate might not get into the court.
- Empathy
Losing a loved one is not easy. The closer the relationship is, the more difficult it is to put it behind you and move on. At a time like that, estate planning inducing probate wouldn’t be among your topmost priority. Yet, those issue need to be handled fast.
It is significant that the probate attorney you hire is empathetic and capable of understanding your emotional and mental condition. In a situation when you are chosen as the executor of the estate of the deceased person, there is a huge probability that you are very stressed about the whole situation.
In a situation like this, you need a lawyer who knows when to step in for you and when to step aside to give you space.
- Perseverance
Selling an estate isn’t an easy affair. Depending on several factors such as the number of relatives, the nature of the case including creditors that lay claim on the estate, the probate process can be quite stressful and murky. Because of this, you require a probate attorney who can persevere.
The probate attorney you will hire should able to stick with you come rain come shine and not disappear when things gets out of hands.
