Probate is a process that protects the rights of everybody with a stake in a deceased's party's estate. It's often a formality, but it can pose some issues even under the simplest of circumstances.
A probate lawyer can guide you through the process. However, you might wonder if you need to make the investment. Here are a few individuals who may need a probate attorney and when it might be wise for them to retain counsel.
Executors
The executor of an estate often has to address questions about the situation. This includes fielding questions from the probate court judge, people named in the estate, and individuals who were left out. It's prudent to not address these questions without the benefit of counsel. From the time a person discovers a will named them an executor, they should consider hiring a probate lawyer.
An executor will particularly want legal support if the will is disorganized. If you're looking at ambiguous terms or clauses that are no longer applicable, a probate attorney can help you sort things out. Similarly, you should seek counsel if a clause appears to be impossible for you to execute.
Likewise, the executor has to do a lot of small things the right way. For instance, they need to publish notice of the estate and try to contact all named beneficiaries. An executor also must settle outstanding debts and taxes with the estate's assets. This may require selling assets intended for named parties, and that may call for making adjustments to the distributions.
Beneficiaries
Generally, a beneficiary won't need a probate attorney. Most estates are straightforward or low-stakes enough that getting into the legalities isn't going to accomplish much.
The exception is if the estate proves to be complex for some reason. For example, several other beneficiaries may have passed and the remaining ones question the equitability of the executor's proposed distribution of assets. This is especially the case if you're worried you may have to sue to protect your rights.
Unnamed Parties
One of the purposes of probate is to ensure everyone who might have a stake in a will has a fair chance to raise their concerns. It's common for people who expected to be named in an estate to not be. This creates concerns, and these folks are within their rights to ask the probate court to address them. Bear in mind, though, the courts generally stick to the terms of the will unless there is a major problem with the estate.
To learn more, contact a probate attorney.
