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 is not mandatory if the estate in question is relatively small and 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 necessary to protect your assets after your passing.
Estate planning involves more than just executing a Will. It includes other critical steps such as establishing a power of attorney, creating an advance directive, and setting up a medical power of attorney.
For more complex estates, it may be essential to place properties into a trust to avoid state and federal estate taxes. Trusts can also help control 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 individual needs.
Additional Benefits of Consulting a Probate Lawyer
While it is possible to navigate many aspects of estate planning without a lawyer, there are significant risks involved. For example, you might choose to draft your Will without legal advice, but this could lead to unforeseen complications.
Inadequate planning can result in issues that affect both you and your loved ones. Consulting a lawyer ensures that your life’s work is protected and that your assets are distributed according to your wishes after you pass away.
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 crucial. Probate is a complex and stressful procedure 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 intricacies of estate settlement. This responsibility is significant and often too much for those without legal training.
Probate can be a lengthy process, often taking 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 advisable.
Advantages of Hiring a Skilled Probate Lawyer
Engaging a probate lawyer can significantly reduce the hassle of gathering and reviewing necessary documents. In fact, with the right attorney, you can bypass many court proceedings altogether, as they will handle everything on your behalf.
Here are some of the services a probate lawyer provides 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 asset distribution process after all outstanding debts of the deceased have been settled.
While it is possible to handle estate planning without a probate lawyer, hiring one ensures that everything is done with care and precision, providing peace of mind for you and your loved ones.
