Probate Lawyer

A probate lawyer can be a valuable ally in ensuring that an estate is handled properly. For small estates, a couple of consultations may be sufficient for an executor to get the necessary legal advice to successfully navigate the probate system. However, for more complex estates it can make sense to have an attorney assist throughout the process. Any mistakes made during probate can significantly lengthen the amount of time it takes for the court sign off on the completed case.

An attorney can help locate assets, notify inheritors and creditors, file all necessary forms with the probate court and distribute property as outlined in a will and/or trust. The fees for a probate lawyer are often set by the state and are paid out of the estate itself. In the event that an estate is especially complex, the attorney may petition the court to have the fees adjusted accordingly. For example, if a will is being contested and litigation ensues, this may affect the cost of handling the estate.

Fast Facts

  • A will can only be contested on the grounds of its validity - not because a person feels he/she is being unfairly treated.
  • Forging a will is a criminal offense that can result in jail time.

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