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When Would You Need a Probate Attorney?

Apr 08, 2024

A probate attorney is a legal professional who helps people navigate the probate process. Probate is the process of distributing a deceased person’s property and possessions and managing their affairs. According to Experian, this process can take up to 12 months, and in some cases, it can take longer. Here is when you need a probate attorney.


1. Dealing With Complex Estates

An estate that is large and has several properties, large debts, businesses, and other assets can be difficult to administer. An attorney focusing on probate law can help navigate difficult or complex estates. An experienced attorney can help to unravel some of the complexities involved.


Proper administration and distribution are essential, but it can be difficult to administer when the estate is complex. There are a lot of working parts that need to be managed in a complex estate. An experienced attorney will have the skill set and knowledge base to make the process easier and ensure compliance.


2. Don't Have a Will

Unfortunately, many people do not have a will when they pass away. The estate may go into probate without a will, and the court must assign an executor or executrix. The estate can be subject to intestate laws (succession laws).


An attorney can help when someone passes away without a will, and the family is left unsure of what to do. If there is a will and the will is contested, a probate attorney can also help with that. This type of attorney can help with all probate matters.


3. Need Dispute Resolution

If you have been assigned to administer an estate and a dispute regarding the administration arises, a lawyer can help. An attorney who focuses on probate law can mediate on your behalf. They can negotiate with beneficiaries, creditors, and other stakeholders on behalf of the administrator and estate.


Probate laws can be complicated. An attorney can help you navigate the laws, ensure compliance, and help you administer the estate. It takes legal expertise to manage an estate efficiently.


Whether you have questions about probate law or need more support in the probate process, a legal professional can help. Having a probate attorney on your side can make a difference in the probate process. Call Whitaker Law Office today to schedule an appointment to discuss your probate matter, and we'll take the time to learn about your options.

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