subject: Hiring a Probate Attorney for the Probate Process [print this page] Hiring a Probate Attorney for the Probate Process
Probate is the formal process used to settle the financial affairs of a decedent, whether or not that decedent had a will. What role will your attorney play in the probate process? And how do you find the right attorney for the job? Ron Nevin, an attorney in Nashville, Tennessee has been practicing probate law for over 35 years. Here, Nevin talks about the role of the probate attorney and explains what to look for when hiring one.
The probate process involves validating or "proving" the decedent's will (if one exists), collecting the decedent's assets, paying all debts and taxes owed by the estate, settling any disputes, determining the distribution of any remaining assets and then transferring them to the heirs. These assets may be anything the person owned that is of value, including real property, personal property and money. If you've been named as a loved one's executor, then it is wise to hire a probate attorney.
Personal Representative
If an individual dies, the court will select a personal representative, who will be responsible for the administration of the decedent's estate. If the decedent had a will, the will probably names an executor. Unless the person named as executor in the decedent's will is unwilling or unable to act as the personal representative, the court will likely respect the decedent's wishes and approve him as the personal representative. If the decedent did not have a will, the court will need to select a personal representative. Usually, the court will select the decedent's spouse, an adult child or another close family member. If no family member is available to act as personal representative, the court may choose a bank, trust company or attorney.
The Role of a Probate Attorney
In a probate process, the role of the probate lawyer is to act as an adviser to the personal representative of the estate. The probate process generally requires quite a bit of complicated paperwork, all of which must be filed on time or there may be serious consequences. The probate lawyer keeps the personal representative aware of his responsibilities and helps ensure that all paperwork is completed correctly and filed according to deadlines. For example, a probate lawyer would alert the representative of the estate when it's time to file an inventory, instruct the representative as to how to keep adequate records, advise him in the event that a claim is filed against an estate, and generally help him get through his administrative responsibilities.
How to Select an Attorney
It's important for you to choose someone who is experienced in probate law when selecting a probate attorney. Not all attorneys are equally skilled in this area and many simply handle probate law on the side. As is the case in any area of legal practice, probate law takes years to learn and even longer to master. When you're going through such an emotionally difficult time, the last thing you need to deal with is an inexperienced attorney handling your loved one's affairs.
In addition to experience in probate law, you will also want to ask a potential probate attorney about the amount of time he currently spends in probate court. You should choose a probate attorney with a working knowledge of the latest codes and the newest strategies for maximizing return and minimizing what may be a lengthy and expensive probate process.
The death of a loved one can be an emotionally wrenching experience, and the process of handling your loved one's financial affairs can be complicated to say the least. For this reason, I recommend you hire a probate attorney if you've been named as the executor to your loved one's estate.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
