First things first, we need to understand who a probate attorney is, and by definition, they are State-licensed attorneys, also referred to as estate lawyers or estate attorneys. It is the role of a probate attorney to ensure all interested parties in a deceased estate are on the same page in regards to property distribution. It is, therefore, the role of the probate lawyer to walk the executor and beneficiaries through the entire probate process. It should be mentioned that the probate laws to be followed are those that govern the jurisdiction upon which the deceased lived to the time of their death. The other important fact to keep in mind is the fact that these laws are dependent on the physical location of the Estate in question. As such, it will be to your advantage if you hired a local probate lawyer who understands how the local probating law works.
Did the deceased died testate or not because this is also an important factor of consideration? Simply put, you want to understand whether or not there was a valid will or valid testament that was left by the deceased. Also worth taking note is the fact that a decedent can die intestate meaning they left no valid will or estate plan upon their demise. A good and competent probate lawyer should be fully equipped with knowledge and facts to help handle either of these situations. A good and competent probate lawyer should also help make the process easier when it comes to understanding what is presented by an executor. This is often important in the event the beneficiary isn’t getting along with the executor or there is some lack of trust in the process.
Without a shadow of a doubt a probate lawyer plays a very important role that cannot be underestimated. For one, the lawyer helps in locating and securing both probate and non-probate assets. They can also help determine the date-of-the value by an appraisal of the properties in question should there be need for that. You can bet a probate lawyer will also be responsible for property retitling should the need for that arise in the probating process. Should there be a dispute amongst beneficiaries and executors, it is also the role of the probate lawyer to help arbitrate and reach a logical conclusion. A probate lawyer should be competent enough to ensure they provide the best legal representation should the need arise during the probating period. The good news is there is no shortage for good talent when it comes to competent lawyers in the probate field.