Do I Need a Probate Attorney?

After the death of a loved one, you may need to go through the probate process in order to get your inheritance or manage the Estate. If you do need to go through the probate process, the next question is whether you can do it yourself or you need to hire a probate attorney.

1. Is Probate Even Necessary?

Following the death of a loved one, you may be asking the question, “Do I need to hire a probate attorney?”. You will need to go through the probate process in the following situations:

• The Decedent (i.e., the person who died) owned real estate in their own name without a transfer deed.
• Bank accounts or other financial assets had no beneficiary designations.
• An administrator or executor is needed to bring claims on behalf of the estate such as bringing a lawsuit or collecting money owed to the estate.

On the other hand, probate may not be necessary in the following circumstances:

• Financial accounts have beneficiary designations. If the only assets in the estate are funds on deposit in financial institutions, and all those accounts have beneficiary designations in place, probate may not be necessary. This is because the beneficiary designations control how the money is distributed, bypassing the probate process altogether.
• There are not enough funds in the estate to warrant the expense of probate. For example, if the estate contains only a few personal belongings and all the heirs can agree on distribution of household items or personal effects, probate may not be needed.
• There is a fully funded trust funds. Assets held in trust do not go through probate. Instead they are distributed according to the terms of the trust
• Real estate has a transfer deed. If there is A Lady Bird Deed or Transfer on Death Deed in place on any real estate, then the property may pass according to the instructions in the deed. In that case, probate is not needed to transfer ownership of the real estate.

You will need a probate attorney when the estate has sufficient assets to justify administration, and:

• The decedent died without a will and a determination of heirship is required.
• The estate has debts that must be resolved.
• There are multiple heirs or beneficiaries with interests to be represented.

A probate attorney can make the process smoother and less stressful. An experienced attorney can:

• Guide you through the process, prepare and file required court filings, and help you comply with your legal duties an Executor.
• Help you avoid costly mistakes.
• Ensure compliance with the Court’s orders.
• Resolve potential conflicts among heirs or beneficiaries.

Losing a loved one is hard enough without having to navigate complex legal procedures alone.

If you’ve recently lost a loved one and are unsure whether you need probate or legal help, call our office today for guidance and a free consultation.