While a Probate Attorney is not required, having one can help to ensure a smooth and effective process. The laws governing estate planning and litigation are complicated and require a lawyer’s expertise. Frequently, individuals handling an estate file the wrong documents or fail to file important documents, which results in delays and higher court costs. Having a lawyer in your corner can make the process much easier and less stressful. So, why should you hire a Probate Attorney?
The cost of a Probate Attorney’s services depends on the complexity of the estate and the value of the assets. Some attorneys charge by the hour while others charge by the percentage of the estate value. Additionally, the attorney’s fees depend on the level of experience and the complexity of the estate. Some states cap the amount of fees a Probate Attorney can charge per hour, but there is no hard and fast rule on the amount a lawyer can charge.
In some states, the estate is subject to intestacy laws. A Probate Attorney assists the estate administrator to distribute the assets according to the laws of the state. They can also help with some of the above tasks. Probate attorneys have a lot of experience dealing with estates and the probate process. This knowledge helps them handle even the most complicated situations and avoid mistakes. You can even save money on a Probate Attorney’s fees by referring to a reputable company.
A Probate Attorney can also help you draft contracts during the probate process. For example, if the estate of a parent dies and three siblings want to sell it, two of them want to sell it, and the third wants to stay in it, a lawyer will be needed to draft a contract. Another common scenario is a business owner’s estate where a lawyer is required to sell the decedent’s share to his partner. It is not only risky, but also illegal, to sell or transfer a home without obtaining the approval of a professional.
A Probate Attorney also helps the surviving family members to settle debts and distribute assets. Their expertise will ensure that your final wishes are followed. A Probate Attorney will not only help you in settling your estate, but also serve as the executor or administrator of your estate.