probate lawyer

What Does a Probate Lawyer Do?

Looking for probate lawyer? The process under which the will is proved is called Probate. This legal process ensures the rightful heirs of the deceased get a fair distribution of the assets and estates left behind by the deceased. If there is no will to guide the distribution process, the process has to pass through the probate court, where the probate lawyer will prove useful. 

The role of the Probate Lawyer

The roles of Probate Attorneys depend on whether the decedent drafted a will or not. Let’s look at the roles you would expect a probate lawyer to play in a probate process, whether there is a will.

When there is a will

The concerned parties (beneficiaries and the estate executor) may retain a probate attorney to serve as an advisory if there is a legally drafted will. In this case, the probate attorney will inspect the will’s authenticity and determine if it was drafted under duress or in favor of one beneficiary. This is also essential if the deceased suffered from a mental condition like dementia or was elderly.

When there is no will

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In case of an intestate death, the decedent’s property will be shared among the lawful beneficiaries based on the intestacy laws. In many states, the property is normally given to the surviving spouse. In this case, a probate lawyer can be hired to work with the estate administrator/ executor to ensure the assets are distributed based on the state laws.

No matter the needs of the family members of the deceased’s wishes, the probate attorney can only work within the jurisdiction of the intestacy commercial  law. If the remaining relative of the deceased wishes to become the estate administrator, then a probate attorney will also help fill a renunciation.

This is a legal statement in which the beneficiaries renounce their legal right to the administration of the deceased estate, and property is assets.

Other Role of Probate Lawyers

Other than the task mentioned above, a probate lawyer can assist the executor/administrator to;

  • Manage the estate’s chequebook
  • Locate and secure the assets of the deceased
  • Collecting and managing life insurance proceedings
  • Settle the debts and bills of the deceased
  • Determine if the state has tax debts
  • Get the deceased assets appraised


Based on the possible roles played by Probate Lawyer in the probate process, it’s important to consider your option when hiring one. Focus on the probate attorney’s reputation, experience, expertise, and licensing status before entrusting them with your case.

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Cameron McPhillamy

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