Traditionally, estate executors are often advised to seek the expertise of a probate lawyer. Executors must determine whether they need legal assistance from seasoned attorneys who are well-versed in state laws and probate procedures when managing an estate.
However, not all executors are required to hand over probate proceedings to lawyers or even consult one for limited advice. In simpler terms, hiring a probate lawyer may not be necessary if the estate in question is not particularly large or does not include unique assets.
The Role of a Probate Lawyer in Estate Planning
Estate planning often goes hand in hand with the services of a probate lawyer. While a Will is a crucial document in the estate planning process, a comprehensive plan is essential to protect your assets after your passing.
Estate planning encompasses more than just executing a Will. It involves several other steps, such as establishing a power of attorney, an advance directive, and a medical power of attorney.
For more intricate estates, it may be necessary to place properties into a trust to avoid state and federal estate taxes. Trusts can also help manage how beneficiaries use or invest the decedent’s assets.
This is where the expertise of a probate attorney becomes invaluable. These professionals are knowledgeable about state laws governing trusts and can provide advice on creating estate plans tailored to your specific needs.
Additional Ways a Probate Lawyer Can Assist in Estate Planning
While it is possible to navigate many aspects of estate planning without a lawyer, there are risks involved. For example, you might choose to draft your Will without consulting a probate lawyer, but this could lead to unforeseen complications.
Inadequate planning can result in issues that affect both you and your loved ones. Therefore, consulting a lawyer about estate matters is crucial to ensure that your life’s work remains protected after you are gone.
The Importance of Legal Assistance During Probate
If no estate planning has been done, avoiding the probate process is nearly impossible. In such cases, the assistance of a probate lawyer becomes essential. Probate is a complex and stressful process that involves numerous court appointments, understanding legal terminology, and completing detailed forms.
For those unfamiliar with the process, it can be overwhelming. The last thing anyone wants after losing a loved one is to deal with the complexities of estate settlement. This responsibility is significant and often too much for those without proper training.
Probate can be a lengthy and time-consuming process, often taking between eight to twelve months to complete. A single mistake in the paperwork can delay court proceedings and, consequently, the distribution of assets. Therefore, hiring a probate lawyer is highly recommended.
Advantages of Hiring a Skilled Probate Lawyer
One of the primary benefits of hiring a probate lawyer is the convenience of avoiding the hassle of gathering and reviewing documents. A competent attorney can handle court proceedings on your behalf, ensuring everything is managed efficiently.
Here are some of the services a probate lawyer can provide during the estate planning process:
- Assisting and advising the estate executor in locating all assets of the deceased, including both probatable and non-probatable assets.
- Obtaining proper appraisals and valuations for estate properties and assets.
- Helping with the sale of estate property.
- Requesting court permissions for various actions required by state probate laws and regulations.
- Managing the distribution of assets after all outstanding debts of the deceased have been settled.
While it is possible to handle the estate planning process without a probate lawyer, it is wise to hire one to ensure everything is done with care and precision.
