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What is Probate

Probate is the legal process through which a deceased person’s estate is distributed to heirs and designated beneficiaries and any debt owed to creditors is paid off. In general, probate property is distributed according to the decedent’s last will and testament if a valid will exists, or according to state law if no will exists.

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Do I Need a Probate Lawyer

Nobody really wants to think about death, wills, and the probate process. Unfortunately, though, we all die eventually – and many of us will have at least some type of contact with probate at some point in our lives. Regardless of how your involvement with probate comes about, it’s important to know that you don’t have to handle things on your own. In fact, there are at least ten good reasons why you might need a probate lawyer.

  • A probate lawyer can help minimize family conflict and facilitate a smoother probate process for everyone involved in the settling of the estate.
  • A probate attorney can help to protect the estate against legal claims against the estate. When you hire a probate attorney, you can gain the protection you need to ensure that the decedent’s wishes are properly respected.
  • A probate lawyers may be able to expedite probate. They can be an invaluable aid for reducing the impact of all the many obstacles that may present themselves during the process.
  • Probate counsel can answer your probate questions and keep you informed and knowledgeable throughout the process. Probate can be a confusing time for everyone involved, and that confusion is magnified by the raw emotion that the death of a loved one always evokes. A good attorney can help to ensure that you understand the process and know what to expect.
  • A probate lawyer can help with court filings and technical details.
  • Probate attorneys help ensure debts are properly paid. There are specific timelines for these processes, though, and a good attorney can help to ensure that you don’t delay one day longer than the law requires.
  • Probate lawyers can help with specialty needs such as completing an accurate accounting of probate assets and activities.
  • An attorney can help an executor protect their interests during probate. Having an attorney cannot guarantee that no disgruntled heirs will sue you. It can, though, help to ensure that you make sound decisions that limit the potential for mistakes that could place your personal wealth at risk.
  • An experienced probate lawyer can help to simplify the entire probate process, guiding you through it in a way that reduces stress and anxiety.

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