Estate planning

Financial expert – What does a probate attorney do?


Estate planning is a very important process in which every person must invest. Unfortunately, some people aren’t interested in having an estate plan. According to Wealth Advisor, 49% of individuals in the US do not think their possessions are valuable enough to worry about estate planning. If someone dies intestate, his estate is included in the will. This is where a probate attorney will intervene. So what are probate attorneys and what do they do? Here’s what you need to know.

What is a probate attorney?

A probate attorney helps his clients fulfill their roles as personal representatives and administrators. They assist with various tasks that are part of the probate process. Probate attorneys differ from estate planning attorneys. They deal with the process of administering estates after the death of an individual. An estate planning attorney, on the other hand, works with clients to work out wills and probate before death. However, in some cases, probate attorneys can also provide the services of an estate planning attorney as well.

Will process when there is a will

If the deceased individual had a valid will, the probate attorney will guide the administrator through the will process exactly as the will states. In such cases, the probate attorney’s role will be advisory only. A probate attorney can also represent a party to a probate lawsuit. This happens in cases where there is a challenge to the will. For example, if someone wants to object to not being included in the will.

Probate process when there is no will

If there is no valid will of reference, the deceased person is said to have died intestate. If this happens, decisions regarding who inherits are made by the state in accordance with inheritance law. For example, the surviving spouse may receive half of the deceased person’s estate. In these cases, a probate attorney may be appointed to distribute the property according to intestate laws.

What are the responsibilities of a probate attorney?

You can use a probate attorney if you need advice or help managing your estate. For example, when the administrator or executor lives out of state, they can rely on the services of a probate attorney. There are many companies that focus on providing service packages for these circumstances out of the country only. Duties they can perform on behalf of the administrator include searching, inventorying and securing property. This includes vehicles, real estate, bank accounts, and personal belongings. They can also locate and collect life insurance policies. Aside from that, the probate attorney can also manage the estate check book, secure appraisals for assets, and file deceased person taxes.

These are just some of the many duties of a probate attorney. Apart from these duties, it is also their duty to prepare and submit various documents required by the probate court. Are you in need of a great probate attorney? Contact Twin Falls Estate Planning, PLLC today. We would love to hear from you and help you through the bequest process.


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