Probate is the court process that proves a will (or determines heirs when there is none), appoints an executor or administrator, pays debts and transfers property. Executors have fiduciary duties and personal liability for mistakes. A probate lawyer guides the executor, resolves creditor and heir disputes, and handles contested wills and trust litigation.
What a probate lawyer does
- Opens the estate, obtains letters testamentary and notifies creditors
- Inventories assets, handles taxes and distributes to heirs
- Uses small-estate, muniment-of-title or affidavit shortcuts where available
- Litigates will contests, undue influence, breach of fiduciary duty and heirship
When you need a probate lawyer
- A family member died owning real estate or accounts without beneficiaries
- You were named executor and are unsure of your duties
- You suspect a will was forged, changed under pressure or hidden
- Heirs disagree about the house or a family business
Questions to ask before you hire a probate lawyer
- Does this estate need full probate, or is there a shortcut?
- How long and how much will it cost, and can fees be paid from the estate?
- What are my personal risks as executor?
- What is the deadline to contest the will?
Find a probate lawyer near you
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