What Does a Probate Lawyer Do?

When a loved one passes away, the last thing on your mind is dealing with legal matters. However, the probate process is an essential step in settling an estate and ensuring that the deceased’s assets are distributed according to their wishes. This is where a probate lawyer comes in.

In this article, we’ll take a closer look at what a probate lawyer does and how they can help you and your family.

What is a Probate Lawyer?

A probate lawyer, also known as an estate attorney, is a licensed legal professional who specializes in assisting with the administration of a deceased person’s estate. While an estate planning attorney focuses on helping clients prepare for the future, a probate lawyer steps in after someone has passed away to help settle their affairs.

Probate lawyers have extensive knowledge of state-specific probate laws and procedures. In Florida, this includes the Florida Probate Code (Chapters 731-735 of the Florida Statutes) and the Florida Probate Rules.

When Do You Need a Probate Lawyer?

Not every estate requires the involvement of a probate lawyer, but there are several situations where hiring one can be invaluable.

Probate can be a lengthy and complicated process, especially for larger or more complex estates. A probate lawyer can help streamline the process, ensuring that all necessary steps are taken and deadlines are met. They can also help you understand your responsibilities as an executor or administrator.

What to Expect from a Probate Lawyer: Key Responsibilities

When you hire a probate lawyer, they will take on several key responsibilities to help settle the estate.

Assisting the Executor or Administrator

The personal representative is responsible for managing the probate process. A probate lawyer will guide them through their duties, which include identifying and valuing assets, paying debts and taxes, and distributing the remaining assets to beneficiaries.

Identifying and Valuing Estate Assets

A probate lawyer will help locate and inventory all of the estate’s assets, including bank accounts, real estate, investments, and personal property. They will also assist in determining the value of these assets, which is necessary for tax purposes and for distributing the assets to beneficiaries.

Preparing and Filing Legal Documents

Probate involves a significant amount of paperwork, including petitions, inventories, and accountings. A probate lawyer will prepare and file these documents with the court, ensuring that everything is accurate and complete.

Representing the Estate in Court

In some cases, probate matters may need to be resolved in court. A probate lawyer will represent the estate in these proceedings, advocating for the interests of the estate and the beneficiaries.

Communicating with Beneficiaries and Creditors

Throughout the probate process, a probate lawyer will keep beneficiaries informed about the status of the estate and any important developments. They will also communicate with creditors, ensuring that valid debts are paid and that any improper claims are disputed.

Benefits of Hiring a Probate Lawyer

Hiring a probate lawyer can provide numerous benefits during a challenging time.

First and foremost, a probate lawyer can offer peace of mind. Knowing that you have an experienced professional handling the legal aspects of the estate can alleviate a great deal of stress and uncertainty.

Probate lawyers also help ensure that the estate is settled in accordance with Florida law and that all necessary deadlines are met.

Additionally, having a probate lawyer on your side can minimize the risk of errors or delays in the probate process. Even small mistakes can lead to significant setbacks, but a probate lawyer can help keep things on track.

How Much Do Probate Lawyers Charge?

The cost of hiring a probate lawyer can vary depending on several factors, including the complexity of the estate and the lawyer’s fee structure.

Hourly Rates

Some probate lawyers charge by the hour, basing their rate on their level of experience.

Flat Fees

In other cases, a probate lawyer may charge a flat fee for certain services, such as preparing and filing specific documents.

Percentage of Estate Value

Some lawyers charge a percentage of the estate’s value as their fee. In Florida, these fees are set by statute and are based on a sliding scale (Fla. Stat. § 733.6171).

Many probate lawyers charge a combination of the above fee structures.

How to Find the Right Probate Lawyer for Your Needs

When choosing a probate lawyer, it’s important to find someone who is experienced, trustworthy, and a good fit for your needs. Consider asking for referrals from friends, family members, or other professionals, such as your financial advisor or accountant.

During your initial consultation with a probate lawyer, ask about their experience handling cases similar to yours. Find out how they communicate with clients and what you can expect in terms of timelines and costs.

Above all, choose a probate lawyer who you feel comfortable with and who you believe will act in the best interests of the estate and its beneficiaries.

Contact Vollrath Law for Florida Probate Help

The role of a probate lawyer is to guide personal representatives through the complex process of settling an estate. From identifying assets and debts to preparing legal documents and representing the estate in court, a probate lawyer provides invaluable assistance during a challenging time.

If you find yourself in need of a probate lawyer, remember that having an experienced professional on your side can provide peace of mind and ensure that the estate is handled in accordance with the law and the deceased’s wishes.

At Vollrath Law, our experienced probate attorneys are here to help. We understand Florida probate law and are committed to providing personalized, compassionate service to our clients. Whether you need assistance with a straightforward estate or a complex probate matter, we can guide you through the process.

Contact us today to learn more about how we can help.