A probate attorney is a state-licensed lawyer who specializes in handling the administration of an estate after someone dies. They can help the executor of a will or the beneficiaries of an estate get through probate as they work to settle an estate. The role of a probate attorney will depend on the specific circumstances of an estate. They can either serve as advisors or take a more hands-on approach to the administration of the estate by distributing assets and inheritances. Probate attorneys generally represent an heir to an estate (a beneficiary) or the personal representative or the estate itself. Some common duties a probate lawyer may perform include:
- Collecting life insurance policy proceeds
- Determining and paying inheritance taxes
- Identifying and securing estate assets
- Obtaining appraisals for estate property
- Paying off debts and taxes owed by the estate
- Distributing assets to beneficiaries
Whether or not you need a probate lawyer will depend on multiple factors and scenarios. Some of the factors to consider include the complexity of state laws, the type of estate plan the decedent set up, the size of the estate, and whether there are any contentious beneficiary relationships. Probate lawyers can either charge by the hour, a flat fee, or a percentage of the estates value, depending on the state.
