People don’t usually think about finding a probate lawyer until someone has died (the “decedent”). Unfortunately waiting until then can make it a tough time to find the best attorney for the job. Additionally, this area of the law that can be either very straightforward or extremely convoluted, depending on the degree of estate planning completed by the person who has passed away, making it all the more important to understand the basics before you go looking for help.

And before getting into the details, it’s usually a good idea to find legal help from someone with experience in this particular area of the law. That way you can be reasonably sure that any actions you take won’t negatively impact you in other areas that perhaps you didn’t anticipate.

The basics

Probate refers to the process that takes place after someone passes away that distributes their assets to the appropriate heirs and settles any remaining debts. Whether or not there is a will, an estate goes through probate as part of the settlement and resolution process. Generally, there are two types of lawyers who are involved in this area of practice: those who handle the planning and administration of estates, and those who represent clients who want to challenge the distribution of an estate.

Generally, people need a probate attorney for one of two reasons:

1. They need help planning their estate so that the estate before it’s needed

2. They need help sorting out someone else’s estate

What does a probate lawyer do?

Probate lawyers can assist clients with a variety of tasks; including estate planning that will help your heirs avoid complications later. Some of the areas in which these specialty attorneys can provide assistance include:

- Creating a last will and testament

- Trust planning, including living trusts

- Estate planning

- Powers of attorney, including medical powers of attorney

- Asset protection

Do I really need a lawyer for this?

No one can tell you for certain whether or not you need a lawyer – the choice is yours. But here are a few things to consider:

- Legally, one does not need a lawyer to write a will or to handle the estate of another.

- While it is not necessary to have an attorney to complete this process, many people choose to consult one because failure to execute the estate properly can lead to personal liability lawsuits after the fact.

- However, while probate does not require a judge or jury, if there are challenges to the will, trials can take place. In this situation, it is necessary to have legal representation, and a good lawyer is probably best suited to handle the case.

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