Are you an administrator or executor of your loved one’s estate? Do you know how to navigate complex probate processes and laws? If the answer is no, you need a probate lawyer.
The process that involves selling estates after a loved one’s death is complicated. It is a court process that consists of navigating the legal system. At times, this legal process can get extremely taxing and demanding. It may force the executor to arrange forms, meet deadlines, keep records, create reports, give notices to heirs, or even raise filings to the court.
Therefore, if you are new to this process and have no idea about executing this critical task, leave the job to professionals and hire a probate lawyer from a reputed firm. These lawyers are well-versed in handling estate matters and can help you resolve the issue quickly and smoothly.
With them, you can avoid legal formalities and legalities and fulfill your loved one’s instructions properly. However, if you are still confused, here are the top six reasons you should go for a probate attorney.
Table of Contents
1. Avoid Family Conflict
A death often leads to many emotional reactions from close family members. While there’s grief, conflicts or tensions between heirs and other family members may also arise. In addition, different expectations may lead to disputes about the estate. And this is one of the common reasons why people regret not hiring a probate lawyer.
A probate lawyer helps reduce these tensions more effectively and professionally than other closely involved executors. These lawyers have a thorough understanding of the probate process and professional detachment that significantly helps calm things down.
Moreover, these lawyers can better explain the different parts of the process to heirs and other family members, which eventually helps avoid one-on-one arguments with the executor.
2. Prevent Personal Liability as an Executor
Another major reason you should hire a probate attorney is that mishandling a probate process can lead to personal liability. Being an executor of an estate, you are responsible for many things, such as managing family disputes, reading the Will, or handling every legal matter.
However, if you fail to fulfill these responsibilities timely and accurately, things may get too stressful for you to handle.
Most executors make an error in generating reports, marshaling assets, paying heirs and creditors the correct amount, obtaining court authority before proceeding with specific actions, or properly giving notices to all the individuals. And all of this can give rise to personal liability that wouldn’t be easier to settle alone.
Thus, peace of mind is why many executors hire a probate lawyer. These lawyers help you avoid personal liabilities and remove the burden by taking care of each legal matter professionally and effectively.
3. Handle Debts Properly
Sometimes, the deceased may have debts that must be paid from the estate at the time of their death. In these cases, an executor’s responsibility is to take care of these debts. However, while these matters are necessary, they may not be easy.
Moreover, it would be time-consuming, especially if the deceased had been involved in a complex financial situation. Thus, regardless of the death of your loved one, some expenses/debts must be paid in full, including funeral expenses, income tax, or personal loans.
In such a case, it’s best to hire a probate lawyer rather than underpaying, overpaying, or missing critical financial details. With the assistance of a lawyer, you can quickly notify creditors of the deceased’s passing and obtain the required legal documents or death certificate.
Moreover, since all of this requires due diligence and proper handling of the deceased’s estate, seeking professional advice from a probate lawyer can help you settle the matter correctly and with certainty that you are doing everything right.
4. Avoid Court Rejection
To start the probate estate process, you must file certain documents with the court first. However, these documents must be filled out correctly and filed appropriately. When you submit all the documents, it allows the court to accept the papers quickly.
However, if the documents are not filled or filed correctly or if there’s a delay, it can result in the court’s denial of the probate application. Hence, making the probate process way more time-consuming than it should be.
Nevertheless, when you have a probate lawyer’s assistance, you can easily prevent the court’s rejection. These professionals know the probate law as well as the application process. Thus, they help you avoid mistakes and eventually reduce the risk of court rejection. In other words, you can expect the creditors or heirs to receive the estate timely and without conflicts.
5. Make the Most of Valuable Resources
Another reason why you should go for a probate attorney is to benefit from their valuable resources. A reputed probate lawyer works for a well-established firm which means they have great connections, resources, and finances.
While you may not realize the significance of it initially, it can be a game-changer for you if you struggle to manage a slow or complicated probate process. For instance, when a probate or grant is issued, you being an executor, may be required to keep funds in some trust for minor beneficiaries.
In such a case, a probate lawyer may not act as your accountant, but they can easily refer you to some reputable and experienced accountants or tax specialists. Similarly, a renowned probate lawyer will have a much stronger standing in the local legal community, helping you access different helpful documents and information faster than you could have otherwise.
6. Get the Necessary Answers
Being an executor, you may have several questions regarding the probate process. For example, you may have questions about how to meet your responsibilities, fill out documents, approach the court’s rejection, or others. Similarly, if you are an heir, you may have different questions about the legal proceeding and what to expect.
In this scenario, a probate lawyer can help you avoid doubt and confusion about such legal matters. They can help you with debt settlement, court filings, releasing inheritance, or appraising assets. While an executor’s role is often fraught with several potential pitfalls that may lead to personal legal risks, professional help can go a long way and provide relief.
Just because you think you can settle probate doesn’t mean you should. Settling probate can be tricky and may consist of various legal formalities. In some cases, the procedure is complex and challenging and requires the executor to meet different requirements to avoid personal liability.
Thus, hiring a probate lawyer helps meet these considerations efficiently and quickly. They help you prevent roadblocks and provide the support you need. With their assistance, you can ensure that the deceased’s instructions are followed, and the heirs get their rightful share without conflicts.
So, whether you are planning your future or are in charge of your loved one’s estate, ensure to hire a probate lawyer so that the heirs are not deprived of the valuable inheritance, and you can ease the process for yourself with the proper professional guidance.