If you're like many people, you may not have considered hiring a probate attorney until you were left with the responsibility of administering an estate. And although it is possible to navigate the probate process without an attorney, you may find that the guidance and expertise of a professional can make the process much faster and easier.
What is probate and how does it work?
Probate is the legal process of settling your estate after you die. If you die with a will, your family will present the will to the court and ask for it to be admitted to probate. This is called "probating the estate." A probated will gives authority to your executor (the person named in the will) to collect assets, pay debts, taxes, and expenses, and distribute property according to the instructions in the will.
If you die without a will, state law sets out who gets what. Your family may still need to go through probate. The court will give authority to someone (usually known as an "administrator" or "personal representative") to act on behalf of your estate.
A probate attorney specializes in the legal process of administering an estate. The exact requirements for probate administration vary from state to state, but most typically include:
Identifying and collecting assets
Paying bills and taxes
Selling or transferring property
Distributing assets
Closing accounts
Why hiring a probate attorney is necessary?
There are many reasons that you should obtain a probate attorney when the time comes to settle an estate. Probate is the legal process of transferring property at death through the court system. It can be a confusing and expensive process and there are many common mistakes made by family members acting as personal representatives, who are unaware of their duties in administering the estate. Attorneys who specialize in probate can help to facilitate the process with minimum stress for family members so that assets are distributed according to the decedent’s wishes.
If you have been named as personal representative, trustee, or executor of an estate, your first step should be to consult with a probate attorney. They will explain what is involved in this often complicated process, including tasks you may be unfamiliar with such as filing tax returns and paying creditors. An attorney will also protect you from legal liability by assuring that all steps are taken properly and all documents filed correctly with the court.
Another reason to secure an attorney is if a person dies without a will, which is called “intestate”. The laws of intestacy determine how property is distributed, which can sometimes result in unintended outcomes. A probate lawyer will assist in making sure family members receive their proper inheritance and avoid legal cases.
Because the probate process can be so time-consuming, many people choose to hire a probate attorney to handle the process for them. It is important to find someone you are comfortable working with, who you feel can be trusted and who will be honest with you about what needs to be done and when it needs to be done.
Chesapeake Wills & Trusts
Website: https://chesapeakewillsandtrusts.com
Phone: (410) 590-1900
Address: 7310 Ritchie Hwy #900, Glen Burnie, Maryland, 21061, USA
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