Most individuals possess some form of estate that they wish to pass on to their loved ones after their demise. The transfer of the deceased’s estate to their heirs is facilitated through the probate process. This process is overseen by an executor named in the will. While probate can be straightforward, it often becomes complex when dealing with substantial estates. The executor must possess the necessary skills to manage such cases effectively. If the executor lacks the expertise, it is advisable to enlist the services of a probate lawyer, who ensures the estate is distributed according to the deceased’s wishes.
The probate process encompasses numerous tasks that can be daunting for the executor. Any errors during probate can result in assets being transferred to unintended recipients. Engaging a lawyer significantly reduces the risk of such mistakes.
In recent times, many individuals seek legal advice from online probate platforms. However, this advice often falls short in assisting executors through the probate process. Although hiring a lawyer can be costly, it is generally more effective than relying on online resources.
Here are some key advantages of hiring a professional probate lawyer:
1. Compliance with Probate Laws
Drafting a will and executing the probate process in accordance with state laws can be intricate. Many people are unfamiliar with the specific probate laws of their state. Ignoring these laws can lead to future legal complications.
An attorney can help mitigate these issues. As experts in the field, lawyers are well-versed in current state laws and can ensure that all tasks are performed accordingly, thereby minimizing the risk of future legal problems.
2. Identifying and Securing Assets
When the deceased owns a large estate, especially with assets spread across different locations, identifying and securing these assets can be overwhelming for the executor. A probate lawyer can alleviate this burden by assisting in locating and securing all assets owned by the decedent.
The lawyer will help identify all bank accounts, investments, shares, and bonds owned by the deceased, which can complicate the process. In the absence of a will, disputes over asset ownership may arise, and a lawyer can professionally handle and resolve these issues.
3. Managing Probate Documentation
Legal processes require extensive documentation, and probate is no exception. These documents must be prepared and submitted in accordance with state laws. A lawyer can assist the executor in drafting all necessary documents for probate.
An attorney ensures that all required documents, such as asset valuation reports, debt lists, and the will, are presented to the court. If the will is contested, the lawyer will submit supporting documents to defend the claim. Lawyers also ensure that all documents are filed within the required deadlines, preventing delays in the probate process.
4. Settling Debts
The executor is tasked with settling the deceased’s debts using the estate’s funds. Verifying the authenticity of debt claims is crucial and can be challenging. A probate lawyer simplifies this process.
The lawyer verifies each debt claim by requesting proof, such as bills and receipts, from creditors. Authentic claims are then paid from the estate funds, and a list of these creditors, along with proof, is submitted to the court.
Conclusion
While hiring a probate lawyer can be expensive, it is often a worthwhile investment. A lawyer ensures that the executor navigates the probate process without legal issues. With professional assistance, the executor can effectively address any challenges that arise during probate.
