Choosing the Right Probate Attorney

Understanding the Role of a Probate Attorney

A probate attorney, also known as an estate or trust lawyer, guides executors of the estate (or ‘administrators,’ if there is no will) through the probate process. This includes filing the will in court, cataloging the deceased’s assets, paying debts and taxes, and distributing the remaining assets to the heirs.

Specialization and Experience

When choosing a probate attorney, it’s crucial to select someone who specializes in probate law and has considerable experience. They’ll be familiar with the nuances of the probate process, understand the local court system, and can help anticipate and address potential complications.

Reputation

Consider the reputation of the probate attorney. Look for online reviews, ask for references, and check whether the attorney has any disciplinary records. You can check your state bar association’s website to verify an attorney’s standing.

Communication Skills

Choose a probate attorney who is a good communicator. Probate can be a lengthy process, and you’ll want a lawyer who’ll keep you updated and explain complicated legal matters in a way you can understand.

Availability

Ensure that the attorney you choose has the bandwidth to take on your case. Probate can be a long and time-consuming process, and your attorney should be available to devote adequate time to your case.

Fees

Understand how the attorney charges for their services. Some probate attorneys charge a flat fee, while others bill by the hour. In some states, they are paid a percentage of the estate value. Make sure to understand the fee structure before hiring your attorney.

Comfort Level

Lastly, choose someone with whom you feel comfortable discussing personal matters. Probate can involve sensitive topics like family dynamics and financial matters, so it’s important that you feel at ease with them.

Conclusion

Choosing a probate attorney is a critical decision that can significantly influence the smooth execution of the probate process. Take your time, do your research, and choose an attorney who meets your needs and puts you at ease.