What Does a Probate Attorney Do?

A probate attorney is a lawyer that helps a person in case of wills and any litigation relating to the probate process. The legal procedures following someone’s death can be confusing and lengthy. Further, if there’s a challenge on the viability of the will, there can be more issues involved. The primary task of probate lawyers is to ensure a smooth continuance of probate proceedings for the loved ones of a deceased person. 

What is a Probate?

Probate is a legal procedure conducted by the court to verify a will and check the ongoing transfer processes of the assets in accordance to the will. In case there is no will, a probate court distributes the assets according to the state laws. 

What Does a Probate Attorney Do?

The involvement of a probate attorney mainly depends on how a person wanted the assets distributed before their death. 

  • In the case of testate procedures: Testate is the condition when a written will is left by the deceased. A probate lawyer only advises the executor and the loved ones about some legal proceedings in a testate position unless there is a challenge on the created will. If the will is challenged, the court is involved, and proper hearings are conducted where the probate attorney will play a significant role.
  • In Intestate procedures: Intestate condition arises when a person dies without leaving a will. In this scenario, the court appoints a probate attorney to initiate and assist the family in probate procedures. The estate is divided according to the specific state’s intestate laws. Further, the executor is also appointed by the probate attorney. The chosen person then receives renunciations from the other family members of the deceased to obtain the right to administering the estate. Renunciation is a legal statement verifying the right to a person to administer the estate.
  • In addition to the basic legal assistance, a probate attorney also collects proceedings from trusts and insurance policies and makes final disbursements of the assets.

About Castle Wealth Group

Do you want to create a good Will? At Castle Wealth Group, we help you make knowledge-based decisions through legacy planning. We also build a perfect strategy for your retirement, including income planning, investment planning, tax planning, health care planning, and legacy planning. Visit our website or call us at 844.885.4200 or email us for your financial advice.

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