A probate attorney is responsible for giving legal advice in terms of the estate administration. Depending on whether the deceased had a will or died without one (intestate), the attorney’s role will differ.
Probate begins soon after the death of a loved one. It’s a legal proceeding that validates a will to settle an estate. However, the process can be arduous and stressful without hiring a probate attorney. This guide will walk you through what does a probate attorney does and why you need them.
What is a Probate Attorney?
The probate attorney is a state-licensed lawyer who helps the beneficiaries of an estate or the executor of a will (if appointed) get through probate while working to settle an estate. Their services include finding and inventorying assets of the estate, evaluating and paying all debts the estate may have, distributing and settling the estate, and more.
Probate attorneys also help with the actual Estate Planning process that includes basics such as creating a will, setting up a guardianship, or writing a trust.
What Does a Probate Lawyer Do When There’s a Will
If the deceased leaves a will, you can hire a probate lawyer to advise parties such as the beneficiary or the estate’s executor on several legal matters. The attorney may review the will to ensure it wasn’t written or signed under duress. For instance, older people with dementia may be pressured by individuals who want a fraction of the estate.
What Does a Probate Lawyer Do When There’s a No Will
A person who dies without having a written and signed will is said to have died “intestate.” Under such circumstances, your estate will be distributed according to intestacy laws, regardless of your wishes. If you’re married, your spouse will receive all of your intestate property based on intestate laws.
A probate lawyer is hired to help the estate’s administrator so that assets can be distributed according to state law. The professional may also advise on powers of attorney, serve as an executor, or draft wills, but is bound by state intestacy laws.
Get the Best Probate Attorney Today
The law in California can be tricky to figure out on your own. This is where our probate attorneys, with their rich experience, can help. They are aware of the various complications that may arise after the death of a loved one and work hard to protect their estate. If you’re looking for a general practice firm in Chico, CA, you can get in touch with us today at Marquez Law Offices.