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What Is a Probate Attorney? Complete Guide

Writer's picture: Linda VargaLinda Varga

What Is a Probate Attorney

When a loved one passes away, the process of managing their estate and distributing assets can be overwhelming, especially during an emotionally challenging time. This is where a probate attorney comes in. But what exactly does a probate attorney do, and why might you need one? Here, we’ll provide a comprehensive guide to understanding the role of a probate attorney and how they can assist in the estate administration process.


Definition of a Probate Attorney

A probate attorney, also known as an estate attorney, is a licensed lawyer who specializes in guiding individuals through the probate process. Probate is the legal procedure through which a deceased person’s will is validated, debts are settled, and assets are distributed to beneficiaries. A probate attorney ensures that this process complies with state laws and proceeds as smoothly as possible.


What Does a Probate Attorney Do?

The specific duties of a probate attorney depend on whether the deceased person left behind a valid will (testate) or did not have a will (intestate). Common responsibilities include:


  1. Filing the Probate Petition: The attorney helps initiate the probate process by filing the necessary documents with the probate court.

  2. Validating the Will: If a will exists, the attorney ensures it meets legal requirements and represents the executor during validation proceedings.

  3. Identifying and Valuing Assets: The attorney assists in locating, appraising, and inventorying the estate’s assets.

  4. Managing Debts and Taxes: They handle creditor claims, pay outstanding debts, and file final income tax and estate tax returns if required.

  5. Distributing Assets: The attorney ensures that assets are distributed according to the terms of the will or state intestacy laws.

  6. Resolving Disputes: In cases where disputes arise among heirs or beneficiaries, the attorney provides legal representation and mediation.


When Do You Need a Probate Attorney?

While it is not always legally required to hire a probate attorney, there are several situations where their expertise is invaluable:

  • Complex Estates: Estates with multiple types of assets, significant debts, or tax obligations often require professional legal guidance.

  • Intestate Estates: If the deceased did not leave a will, state laws dictate asset distribution, and a probate attorney can help navigate this process.

  • Disputes Among Beneficiaries: When disagreements arise over the validity of a will or the distribution of assets, a probate attorney can mediate and represent the estate.

  • Out-of-State Executors: If you are managing an estate in a state other than your own, a local probate attorney can ensure compliance with that state’s laws.


How Much Does a Probate Attorney Cost?

In California, probate attorneys often charge statutory fees based on the gross value of the estate, as set forth in the Probate Code. These fees are calculated as a percentage of the estate’s value and follow a tiered structure. Some attorneys may offer hourly rates or flat fees, particularly for smaller estates or specific tasks.


Benefits of Hiring a Probate Attorney

  1. Expert Guidance: Probate attorneys understand the complexities of estate laws and can streamline the process.

  2. Reduced Stress: Delegating legal and administrative tasks allows you to focus on grieving and supporting family members.

  3. Minimized Errors: Mistakes in probate filings can cause delays and increase costs; an attorney ensures accuracy.

  4. Conflict Resolution: Attorneys can help resolve disputes efficiently and avoid prolonged litigation.


Conclusion

A probate attorney plays a crucial role in the estate administration process, offering expertise and support to executors and beneficiaries. Whether you’re dealing with a simple estate or navigating complex legal challenges, hiring a probate attorney can save time, reduce stress, and ensure that your loved one’s wishes are honored. If you have questions about probate or need assistance, consult with an experienced probate attorney to guide you through this intricate process.


Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions, call (626) 460-1763 or email LV@MoravecsLaw.com.


Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.

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