Probate attorneys are professionals in high demand due to their expertise in navigating the complex legal process of probate and estate administration.
When a loved one passes away, their estate may have to go through probate to settle debts, distribute assets, and ensure that their final wishes are carried out. In this comprehensive guide, we will explore the role of probate attorneys, the probate process, and when it’s advisable to seek their assistance.
Whether you’re facing a contested will, or simply seeking clarity on your legal responsibilities, this article will provide valuable insights to help you make informed decisions and ensure the smooth resolution of your loved one’s estate.
What is a probate attorney?
A probate attorney is a state-licensed legal professional who specializes in guiding executors of wills or beneficiaries through the complex and often complex process of probate.
When a person passes away, their estate—comprising all their assets, debts, and property—must be legally settled. This is where a probate attorney steps in, offering their expertise to ensure that the estate is administered according to the deceased’s wishes and in compliance with Florida laws.
One of the primary responsibilities of a probate attorney is to assist with the initial filing of the will in probate court. This legal step is crucial, as it validates the will and formally appoints the executor. If there is no will, the probate attorney can help manage the estate according to Florida intestacy laws, which dictate how assets are distributed when there is no valid will.
Throughout the probate process, the attorney provides invaluable guidance to the executor or beneficiaries, ensuring that all legal requirements are met and helping to navigate any disputes or complications that arise.
What does a probate attorney do?
The specific duties of a probate attorney are multifaceted and essential for the smooth resolution of estate affairs.
One of the first tasks a probate attorney undertakes is to file the necessary documents to initiate the probate process. This typically involves submitting the deceased’s will to the probate court for validation.
If there is no will, the attorney assists in filing for intestate succession, where the estate is distributed according to state laws. This legal groundwork is critical as it officially appoints the executor (if one is named) and establishes the framework for managing the estate.
Differences between a probate and estate planning attorney?
While both probate and estate planning attorneys specialize in managing and distributing an individual’s assets, their roles differ significantly.
| Aspect | Probate attorney | Estate planning attorney |
| Primary focus | Administering and settling estates after death | Creating legal documents to manage and protect assets while the person is alive |
| Key responsibilities | Validating wills, inventorying assets, paying debts, and guiding assets to be distributed to the estate’s beneficiaries | Drafting wills, establishing trusts and setting up guardianships |
| Client interaction | Works with executors and beneficiaries post-death | Works with individuals and families to plan for the future (pre-death) |
| Timing of services | Engaged after the individual has passed away | Engaged during the individual’s lifetime |
A probate attorney focuses on guiding executors and beneficiaries through the probate process after someone has passed away, ensuring that the deceased’s estate is administered according to legal requirements and the terms of the will.
In contrast, an estate planning attorney helps individuals prepare for the future by creating legal documents like wills, trusts, and powers of attorney aimed at managing their estate and protecting their assets during their lifetime and after death.
Do I need an attorney for probate?
Whether or not you need an attorney for probate depends on several factors, including the complexity of the estate, the assets involved, the presence of a valid will, and any potential disputes among beneficiaries. Here are some scenarios where hiring a probate attorney is highly advisable:
- Complex estates: If the estate includes diverse assets such as real estate, multiple bank accounts, investments, or business interests, a probate attorney can help navigate the intricacies of distributing these assets.
- Contested wills: If there is a dispute over the validity of the will or disagreements among beneficiaries about the distribution of assets, a probate attorney can provide legal representation and mediation to resolve conflicts.
- Absence of a will: When there is no valid will, the estate is subject to intestacy laws, which can be complex and vary by state. A probate attorney can guide you through the legal requirements and help ensure a fair distribution according to Florida laws.
While some individuals may not be required to go through the probate process, having professional legal support can provide peace of mind to make the right determinations and, if probate is filed, ensure that the probate process is handled correctly and smoothly.
At Apfelbaum Law, we handle probate and estate administration, offering guidance and personalized support to executors and beneficiaries. Our experienced probate attorneys are well-versed in managing complex estates, resolving disputes, and navigating the intricacies of probate law.
