For Probate Process Why to Hire a Probate Attorney

For Probate Process Why to Hire a Probate Attorney
Mick Grant
Mick Grant

Founder and Writer

The probate process can sometimes turn into a burden to the executor. There are many cases where probation becomes complex and hard to execute. When situations like this arise, executors prefer to hire a probate attorney. The attorney will work on behalf of the executor and manage all the probate-related tasks.

The probate attorney is a professional in this field and can overcome any barrier that comes in his/her way. They can face any legal problem that comes front during the probation process. He/she makes sure that the estate is administered according to the state laws and the intention the decedent had with his/her estate.

A probate attorney is a state-licensed attorney who has specialized in estate administration. He/she helps the executor in the execution of the decedent’s will. The testator can also take a lawyer’s advice while drafting a will. 

Many benefits come with hiring a probate lawyer, which most people are not aware of, so they don’t prefer hiring one. Let us discuss some of the benefits of having a lawyer by the side:

1.  Locating And Securing Assets for Probate

In some cases, the decedent may own assets in different countries worldwide. The executor will face a lot of challenges to locate and secure them. If this task is not completed at the earliest, then someone may claim the assets of the decedent, and this may lead to legal problems.

A probate attorney can help the executor locate the assets and advise on how to secure them. This will increase the pace of completion of this task. If in case someone had claimed the assets, the attorney will help in opposing the claim in the court.

2. Documents Required For Probate

Every legal task craves for documents; without them, it is impossible to execute a legal work. Likewise, the probation process also involves drafting and submission of many documents. The documents drafted should be in accordance with the laws of the state. Any deviation from the laws will lead to legal problems in the future.

The executor is not aware of all the state laws, so he/she should take the help of an attorney. An attorney knows every law in brief as he/she is a professional in this field. They will help in drafting the documents according to the state laws. This will prevent the chances of legal problems in the future.

3. Clearing Out Debts

The decedent may have debts that he/she had not cleared. The executor clears out these debts in the probation. The executor needs to verify the creditor’s claim to see whether it is authentic or not. This task is stressful for the executors as they don’t have proper knowledge of the verification field.

A probate attorney can act as a savior here. He/she has all the required knowledge for this job. The attorney can verify every due claim from the creditors and reject those who are not authentic.

After verification, the attorney will administer and manage the payments. This will clear out all the pending dues of the decedent.

4. Proper Distribution

One of the crucial tasks of probate is asset distribution among the heirs. The executor has the authority to perform this task. Sometimes due to a complicated will, the distribution may deviate from the intentions of the testator. The execution of the will doesn’t match the desires of the decedent. This may lead to the transfer of assets to the wrong hands.

If the executor is finding the will complicated, then he/she should hire a probate attorney. The attorney can execute the will according to the desires of the decedent. The fear of assets going to the wrong hands gets eliminated with the hiring of a lawyer. 

The heirs are also happy as they got what they deserved. There was no partiality in the distribution. If some heir is not pleased with the distribution and challenges the will, the attorney can help the executor to oppose the challenge in the court. The attorney will bring in the facts required for the opposition.

Conclusion

The executor can ease his/her burden by hiring a probate attorney. They will ensure the smooth execution of the probate process, avoiding any legal trouble. Hiring an attorney may cost a little more, but it is worth it. The executor’s success in executing the probation depends upon his/her decision to hire an attorney. The attorney is the savior who can save the testator.

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