A Probate Lawyer is an attorney who has a license from the state and a specialization in estate law. When a person dies, their estate, which is the collection of their assets and liabilities, needs to be settled according to the law and their will. A probate lawyer is a legal expert who can help you with this process. Estate law is the branch of law that deals with the legal issues related to the property and affairs of a deceased person. We will tell you what a probate lawyer is, what they do, when and why you need them, and how much they earn.
What Is a Probate Lawyer in the USA?
A probate lawyer is an attorney who has expertise and experience in handling the legal aspects of an estate. An estate is the collection of assets and liabilities that a person leaves behind after their death. These assets may include real estate, bank accounts, stocks, bonds, personal property, etc. These liabilities may include debts, taxes, loans, etc.
A probate lawyer can help the executor of a will or the beneficiaries of an estate to settle the estate according to the will or state law. A will is a legal document that expresses the wishes of a person regarding how their estate should be distributed after their death. A beneficiary is a person who inherits part or all of an estate. An executor is a person who is appointed by the will or by the court to carry out the instructions of the will and to manage the estate.
To become a probate lawyer in the USA, one must have a bachelor’s degree, a law degree, and pass the state bar exam. One must also have knowledge and skills in estate law, tax law, probate procedures, and ethics. One may also obtain certification or specialization in estate law from various professional organizations.
When and Why Do You Need a Probate Lawyer?
You may need a probate lawyer if you are involved in any of the following situations:
- You are named as the executor of a will and you need guidance on how to perform your duties, such as filing the will with the court, notifying creditors and heirs, paying debts and taxes, distributing assets, and closing the estate.
- You are a beneficiary of an estate and you want to protect your rights and interests, such as challenging the validity of the will, contesting the actions of the executor, requesting an accounting of the estate, or claiming your inheritance.
- You are a creditor of an estate and you want to collect your debt from the estate, such as filing a claim with the court, proving your debt, or enforcing your lien.
- You are a family member or a friend of a person who died without a will (intestate) and you want to be appointed as the administrator of the estate, or you want to dispute the appointment of another person as the administrator.
- You are involved in any legal dispute or litigation related to an estate, such as a will contest, a trust contest, a breach of fiduciary duty, a fraud allegation, or a wrongful death claim.
The benefits and advantages of hiring a probate lawyer are:
- They can provide you with legal advice and representation on your rights and obligations under the law and the will.
- They can prepare and file all the necessary documents with the court and other agencies on your behalf.
- They can communicate with other parties involved in the estate, such as heirs, creditors, beneficiaries, trustees, guardians, conservators, etc.
- They can research and resolve any legal issues or complications that may arise during the probate process.
- They can manage and distribute the assets of the estate according to the will or state law.
- They can handle any tax matters related to the estate, such as filing tax returns, paying taxes, or applying for tax exemptions.
- They can close the estate and release the executor or administrator from their duties.
What Are the Responsibilities of a Probate Lawyer?
A probate lawyer can perform various tasks depending on the needs and wishes of their clients. Some of the common responsibilities of a probate lawyer are:
- Advising clients on their rights and obligations under the law and the will.
- Preparing and filing all the necessary documents with the court and other agencies.
- Representing clients in court hearings and negotiations.
- Communicating with other parties involved in the estate, such as heirs, creditors, beneficiaries, trustees, guardians, conservators, etc.
- Researching and resolving any legal issues or complications that may arise during the probate process.
- Managing and distributing the assets of the estate according to the will or state law.
- Handling any tax matters related to the estate, such as filing tax returns, paying taxes, or applying for tax exemptions.
- Closing the estate and releasing the executor or administrator from their duties.
How Much Does a Probate Lawyer Earn?
The salary of a probate lawyer can vary depending on many factors, such as education, experience, location, reputation, clientele, etc.
The average probate lawyer salary in the United States is $91,028 as of August 27, 2023, but it can range from $81,090 to $101,514.
The median probate lawyer salary in 2023 is $91,436, but it can range from $56,000 to $162,000. Some probate lawyers may charge an hourly rate for their services, while others may charge a flat fee or a percentage of the value of the estate. In some states, the probate lawyer fees are regulated by law or by court order.
A probate lawyer is a state-licensed attorney who specializes in the field of estate law. Estate law deals with the legal matters related to the property and affairs of a person who has passed away. A probate lawyer can help the executor of a will or the beneficiaries of an estate to settle the estate according to the will or state law. You may need a probate lawyer if you are involved in any situation or dispute related to an estate.
A probate lawyer can also perform various tasks and duties related to the estate, such as preparing and filing documents, communicating with other parties, researching and resolving issues, managing and distributing assets, handling tax matters, and closing the estate. The salary of a probate lawyer can vary depending on many factors, such as education, experience, location, reputation, clientele, etc. A probate lawyer may charge an hourly rate, a flat fee, or a percentage of the estate value for their services.
Also, Read: What Do Real Estate Lawyers Earn and What Tasks Do They Handle?
