What Do Probate Lawyers Do?

Probate lawyers are a type of lawyers that handle legal matters and paperwork in relation to wills, estate settlements, and probate. A major part of their job is ensuring you have all the necessary documentation for your will. They also work with executors or other family members to ensure your wishes are followed properly after death.

After a person passes, it is important to find and secure any assets belonging to them in order to properly distribute these funds among beneficiaries according the wishes they have expressed before their death. This includes finding life insurance policies that need collecting proceeds from as well as those who will be owed money by making sure all bills are paid and debts resolved. Finding how much taxes may or may not apply can also prove difficult during this time so you should consult with professionals on what options might work best given individual circumstances; finally, there’s distributing remaining assets after fulfilling obligations such as paying down outstanding balances at credit card companies.

Why would you need a probate attorney?

You need a probate attorney for the safest form of prevention. If it’s a large estate with many beneficiaries, you want to be sure someone is doing their best work in safeguarding your assets and property by hiring an experienced lawyer who can properly administer them.

Is a probate lawyer the same as an estate attorney?

Some people call a probate lawyer an estate attorney. They get involved in cases depending on the particular circumstances of that case, such as whether or not there is a will and if any challenges arise from it (such as claiming what they think they are entitled to).

The work of these lawyers can be complicated where no wills exist; beneficiaries may file claims against one another for different assets/inheritances at stake. Where will do exist, legal disputes involving their validity might occur–which could also turn into litigation.

What are typical attorney fees for probate?

For “ordinary” services, a lawyer can collect 4% of the first 100,000 of the gross value of your estate. 3% (of $100k) + 2% ($800k total). For more complex cases or if they’re handling multiple estates simultaneously you’ll be billed by how much time and effort it takes to handle your case!

Legal Fees next to gavel


A probate lawyer will base their fee on how complex your situation is and the level of representation you are choosing. This largely depends upon the number or value of assets left by someone who has passed away, as well as what they may have been mixed up in before passing. Some states put limitations to a percentage that can be charged for an estate’s worthwhile other states do not place any limits at all and just go hourly rates based on whatever needs to be done with it then – which means only so much time goes into each case depending on its complexity!

What to Expect from a Probate Lawyer’s Full-Service Representation?

Hiring a probate lawyer with these more full-service representation models can be incredibly helpful when it comes time for you and your heirs to get all the assets that are owed out of an estate. These professionals will help identify what is in the estate, gather those items, file final income and tax returns on behalf of both yourself or deceased loved one before transferring any funds back into legal ownership status – so you may not have to pay taxes twice! You should also know that while having professional assistance in this arena might greatly benefit many people who need guidance through such difficult times.

What to expect from a probate lawyer’s limited representation?

You may decide that you have the time to handle these estate tasks personally. If this is your decision, make an agreement with the probate lawyer about what they will be handling and agree upon who is going take care of which task; this will prevent duplication of effort at no financial cost for either party as well as help ensure important aspects are not overlooked in the event such works slip through cracks. In addition, it helps if you ask them questions like how long does their work usually last on average or do they offer rates based on hourly pay rather than billing per case basis so there won’t be any surprises down the line when determining fees owed after all paperwork has been completed.

A probate lawyer’s limited representation may have you think that they are only going to be handling the paperwork for your estate. This is not the case, as a litany of tasks can come up during this process including finding and removing assets from trusts, collecting debts owed by or due on behalf of decedent such as taxes, mortgage payments (if applicable), beneficiaries’ interests in life insurance policies and annuities; filing various income tax returns related to deceased’s last year alive; managing distributions made pursuant to will or intestacy laws etc. You should make sure both parties know these expectations beforehand so there aren’t any surprises down the line.

See more at The Eastman Law Firm