A probate attorney, also known as an estate or trust attorney, specializes in the legal process of probate. Probate is the court-supervised process of validating a person’s will, settling their debts, and distributing their assets after they pass away. Here are the typical duties of a probate attorney:
Client Consultation:
Meet with clients to discuss their estate planning needs.
Provide advice on how to structure their wills and trusts to achieve their goals.
Drafting Wills and Trusts:
Prepare legal documents, including wills, trusts, and other estate planning instruments, based on the client’s wishes and needs.
Probate Administration:
Guide the executor or personal representative through the probate process.
Assist with filing necessary documents with the probate court.
Estate Inventory and Appraisal:
Help gather and inventory the deceased person’s assets.
Work with appraisers to determine the value of the estate.
Debt Settlement:
Identify and notify creditors of the person’s death.
Assist in resolving outstanding debts and liabilities.
Probate Court Filings:
Prepare and file documents with the probate court, including the will and petitions for probate.
Distribution of Assets:
Oversee the distribution of assets to beneficiaries as outlined in the will or according to state law if there is no will.
Dispute Resolution:
Handle any disputes or contests regarding the will or estate.
Represent clients in probate litigation, if necessary.
Tax Matters:
Advise on tax issues related to the estate, including estate taxes and inheritance taxes.
Ensure that tax returns are filed appropriately.
Trust Administration:
If a trust is involved, oversee the administration of the trust according to its terms.
Guardianship and Conservatorship:
Assist in matters related to guardianship and conservatorship, if needed for minor children or incapacitated individuals.
Legal Counsel:
Provide legal advice and guidance to the executor, beneficiaries, and other involved parties.
Closing the Estate:
Prepare and file the necessary documents to close the probate process once all tasks are completed.
It’s important to note that the specific duties of a probate attorney may vary depending on the laws of the jurisdiction in which they practice and the complexity of the estate involved. Additionally, some probate attorneys may also handle estate planning matters for clients to help them avoid probate or minimize its impact.
