July 20, 2024

What Does a Probate Lawyer Do?

A probate lawyer specializes in the legal process of administering the estate of a deceased person, known as probate. Their primary role is to guide executors, administrators, and beneficiaries through the complex and often intricate probate process, ensuring that the deceased’s final wishes are carried out accurately and efficiently. One of the probate lawyer’s key responsibilities is to assist in identifying and gathering the deceased’s assets, including real estate, personal belongings, investments, and financial accounts.

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The probate lawyer helps to prepare and file the necessary legal documents, such as petitions, affidavits, and inventories, with the probate court to initiate and oversee the probate proceedings. They also notify creditors, heirs, and beneficiaries of the deceased’s death, manage any claims against the estate, and ensure that debts, taxes, and expenses are paid from the estate’s assets in accordance with applicable laws and regulations.

Additionally, the probate lawyer plays a crucial role in resolving disputes or contested matters that may arise during the probate process, including will contests, disputes over asset distribution, or disagreements among beneficiaries. They provide legal advice and representation to protect the interests of the estate and its beneficiaries, negotiate settlements when necessary, and advocate for a fair and equitable distribution of the estate’s assets.

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