Who is a Probate Attorney and What Do They Do?

 The probate process begins by filing a petition with the probate court. A probate attorney prepares and submits this petition, which officially opens the estate, requests the court’s approval, and asks for the appointment of a personal representative or executor who will manage the estate. Proper filing is critical, as mistakes can cause delays or legal complications.

 If the deceased left a will, a probate attorney ensures it is legally valid. This includes verifying that it meets state requirements, such as being properly signed and witnessed. If challenges arise—such as claims of undue influence or questions about the deceased’s mental capacity—the attorney helps resolve disputes in court.

 Probate attorneys assist in creating a comprehensive inventory of the estate. This includes real estate, bank accounts, investments, personal property, and valuable items. Accurate valuation is essential for distributing assets fairly and determining taxes owed.

 Before assets can be distributed to beneficiaries, debts and taxes must be settled. Probate attorneys help identify creditors, pay outstanding bills, and file necessary tax returns. They ensure that these obligations are met according to state laws, reducing potential legal liabilities for the estate.

After debts and taxes are paid, a probate attorney guides the executor in distributing assets according to the deceased’s will—or, if no will exists, according to state intestacy laws. They handle the legal transfer of property, ensuring beneficiaries receive their inheritance properly and legally.

 Executors and personal representatives have a legal duty to manage the estate responsibly. A probate attorney provides advice, legal representation, and support throughout the process, helping avoid mistakes, conflicts, or claims of mismanagement.