There is a slight difference between the duty of estate’s executor and a probate lawyer. A probate lawyer is a professional attorney that specializes handling probate cases and processes until the implementation of the estate plan. An executor main duty is to ensure that the estate plan is implemented. Both an executor and probate attorney is vital to this probate process.
After creating a good estate plan notably a last Will which will serve as a template for how you wish your assets to be distributed or transferred to named beneficiaries, it would sad to see that a long, painful probate process would be required before your wishes are implemented. At this point, there is little you can do to speed things up or prevent the process other than hire a good probate lawyer.
Who’s an executor?
An executor is an individual assign to oversee the implementation of an estate plan. Typically, during the creation of a last Will, an executor would have been named to implement the deeds in the plan. The executor often time does not need to be professional. In some cases, the executor could be one of the family or close relative of the Will maker.
The duties of the executor during probate include one of the following:
- Locating the decadent’s estate and other asset properties.
- Determining the date of death values of the decedent assets.
- Identifying the decedent creditors and notifying them of this death. This is required before the estate plan can be implemented.
- Paying of the decedent’s death. This may include tax incurred on estate as well as other accountable debts incurred during the probate process.
- Preparing and filling taxes returns on the deceased properties.
- After the above process, the court can then give a nod to the personal representative to distribute the decedent’s estate as stated in the Will.
The executor needs a probate attorney.
During probate processes, the executor needs a probate attorney. The best person to handle probate situations for you is a probate lawyer. A probate lawyer is a lawyer who specializes in handling probate cases for their client. When involved in a probate cases, the duties of the probate lawyer range from advising the personal representative, the estate beneficiaries on how to settle the estate of a decedent. Typically, the probate lawyer would be actively involved in the process from start to finish. As this period usually present the deceased family with tough times and decision to make, it is appropriate to hire a professional probate lawyer.
The probate attorney will assist the executor in settling dispute.
Dispute sometimes set in among estate beneficiaries or between the executor and a particular beneficiary who doesn’t feel satisfied with then estate decisions. At this point a probate attorney would need to step in and put things to order. Being more qualified in probate and estate matters, a probate lawyer can handle this dispute more carefully and professionally.
Probate processes can be long and exhausting; a probate attorney can offer quality assistance to the estate’s executor. Asides being needed in court probate matters, the executor and estate beneficiaries needs the attorney to settle their estate.
A probate attorney would assist the executor in the following probate processes
- Proving the validity of a will, (if a will was actually drafted by the decedent before death);
- Appointing an estate administrator if the will didn’t appoint one, or when the will fails the validity check;
- Ascribing a total estimated value to all the assets within and out of the estate;
- Paying all estate bills and debts;
- Identifying and notifying all potential beneficiaries and family members of the deceased;
- Distribution of the assets based on the instructions of the will or by intestacy laws.
Contact a probate attorney near you today.
The role a probate attorney plays in probate and settling of estate cannot be underestimated. Probate periods are always tough times for the deceased family and every other close relative. To eliminate the burden of losing a family and also losing an estate property, you need a probate attorney to handle your probate processes.