Probate Lawyer – An Overview Of A Probate Case
Death of a person in a family brings along an emotional turmoil. It is accompanied by the stress of the will distribution also. A probate process is usually the procedure of settlement of the financial assets of a decedent. There are cases when a decedent does not have a will. The transference of the assets in such cases is decided by the court. All these processes are complex and so it is best to consult a probate lawyer who can guide you through the process efficiently.
A probate lawyer is a person who handles legal matters related to property distribution of a deceased person. To decide how you can choose a good attorney, you need to understand the importance of a probate attorney first.
Typically, a probate attorney has the following duties.
1. Advising his clients on how to draw wills.
2. Assisting in planning estates.
3. Helping heirs to the will in obtaining values of the property.
4. Providing assistance in collecting insurance proceeds.
5. Settling outstanding debts and bills.
6. Ensuring that taxes are cleared.
7. Settling any possible dispute between the executor and the heirs.
8. Transferring the property to the respective beneficiaries.
9. Providing guidance in understanding matters related to probate court proceedings.
A probate process can be a long process, depending upon the complexities of a specific case. As you hire a probate lawyer for your case, the procedure will take place in the following way:
1. Your probate lawyer will have to submit a document that demonstrates that the will has been validated.
2. Your lawyer will obtain a valuation of the decedent’s property.
3. He will submit a property list that will include all the assets that the decedent has left for his beneficiaries.
4. He will check if there are any claims to the estate. This may include household bills, credit card debts, liens, etc.
5. Thereafter, he will arrange to pay the remaining taxes, if any.
6. Lastly, he will distribute the assets to the beneficiaries.
Clearly, the process is complicated and under the given conditions, it is not possible to handle such complexities when you have just lost someone very close. It is best to leave the legal procedures to a good probate lawyer.