Today’s author with https://kayserlawgroup.com/ shall discuss how probate attorneys play a crucial role in the legal process of administering a deceased person’s estate. Here are some of the key responsibilities typically undertaken by probate attorneys:
Probate Law Representation: Probate attorneys represent either the executor/executrix (appointed in the will) or the administrator/administratrix (appointed by the court if there is no will) throughout the probate process.
Understanding and Interpreting Probate Wills: They review the deceased person’s will to ensure its validity and to understand the wishes of the deceased regarding the distribution of assets.
Probate Court Filing: Probate attorneys file the necessary paperwork with the probate court to initiate the probate process. This includes submitting the will (if there is one), petitioning for the appointment of an executor or administrator, and providing notice to beneficiaries and creditors.
Asset Inventory Evaluation During a Probate: They work with the executor/administrator to compile an inventory of the deceased person’s assets, which may include real estate, bank accounts, investments, personal property, and business interests.
Debt Management During a Probate: Probate attorneys assist in identifying and notifying creditors of the deceased person’s death, managing creditor claims, and paying off valid debts using estate assets.
Probate Asset Distribution: They oversee the distribution of assets to beneficiaries according to the terms of the will or state intestacy laws if there is no will.
Probate Tax Issues: Probate attorneys address any tax issues related to the estate, including filing estate tax returns and ensuring that any taxes owed are paid from estate assets.
Resolving Disputes in Probate: In cases where there are disputes among beneficiaries or creditors, probate attorneys may represent their clients in mediation or litigation to resolve conflicts.
Probate Estate Accounting: They prepare and present an accounting of the estate’s finances to the court and beneficiaries, detailing all income, expenses, and distributions.
Closing Probate Estate: Once all debts are paid, assets are distributed, and any legal disputes are resolved, probate attorneys petition the court to close the estate.
Probate Legal Counsil: Throughout the probate process, probate attorneys provide legal advice and guidance to the executor/administrator and beneficiaries, ensuring compliance with applicable laws and regulations.
These responsibilities can vary depending on the complexity of the estate, the presence of a valid will, and the specific requirements of state probate laws.
