Do I Need A Probate Lawyer?

If a close family member passed away, it’s perfectly understandable if there’s some confusion as to what to do next in terms of inheritance. Generally speaking, before anyone inherits anything, the estate of the passed individual must go through probate.

Since this is a sensitive and complex process, hiring a lawyer is highly recommended. After all, legal experts can resolve potential issues that require professional help and ensure that the probate reaches a positive outcome as smoothly as possible. 

But the real question is: “Do I need a probate lawyer in every case?”

Continue reading to find out!

What is probate?

Before delving deeper into do I need a lawyer for probate, you need to know the basics of this legal process. In simple terms, probate is a legal proceeding necessary to prove a will. It makes sure that the decedent’s estate is distributed among the heirs, under their wishes.

In cases in which a family member dies without leaving a will, it means they died intestate and probate will be obligatory to determine the proper distribution among the heirs in accordance with Florida’s intestacy laws. 

Probate can last anywhere from a few weeks (if the estate is small) to over a year if the estate is substantial and different individuals are bringing forth court petitions and claims. 

What does a probate lawyer do?

A probate lawyer is a legal practitioner who offers assistance to beneficiaries and executors of wills and estates in the process of probate. A lawyer may help identify assets in the estate, pinpoint beneficiaries, and see to it that all the legal proceedings are done correctly. 

In other words, they can take over the burden of handling the legal side of the probate, thus making sure that all the assets are smoothly transferred to all the interested parties. 

Do I need a lawyer for probate?

Many families are wary of legal fees and wrongfully assume that involving a lawyer can make the proceedings more complex, thus wondering do I need a probate lawyer. The truth is that legally, you’re required to have a lawyer in most cases. The exception to this rule includes estates where the executor is the sole beneficiary, disposition administration, and summary administration which is typically used for smaller estates. 

But do I need a probate lawyer even if there is a will?

Absolutely, since probate is mandatory and so is hiring a lawyer. A legal professional will help your family with all paperwork, assist in resolving conflicts, and make sure assets are distributed under the wishes of the decedent. 

If a family member died intestate, legal guidance is imperative. The lack of a legal document outlining the wishes of the deceased typically gives enough space for conflicts to arise. Thankfully, a lawyer can make certain all the assets are distributed in line with the law and work to minimize the chances of a lengthy legal dispute over assets among the interested parties. 

How a probate attorney can help

Now that the mystery of do I need a lawyer for probate is, well, demystified, here are a few ways in which a legal specialist can help your family:

1. Ensure all legal details are correct

Once someone passes away, it’s necessary to legally transfer the assets out of their name. Doing this requires technical expertise which most people don’t possess. For instance, all probate documents need to meet a wide variety of specifications with some forms not even being publicly available. 

2. Protect the estate from creditor claims

Creditors such as banks or insurance companies may have been owed money by the deceased person. Although this gives them a legitimate claim to assets in the estate, there are many criteria creditors need to meet to be able to recover their debts. A lawyer can help the family navigate these creditor claims and ensure the estate stays intact throughout the probate process.

3. Avoid family conflict

In some instances, legal battles for larger estates have been going on for decades. These conflicts are a common occurrence, even with estates of middle-class people, and are not just limited to wealthy individuals. Since a probate lawyer doesn’t serve any of the individual beneficiaries, they can manage the estate without favoring any of the sides - thus making sure everyone receives what they are legally entitled to. 

4. Make certain the will is valid

Not all wills are perfect, and if there is a dispute over its validity, a probate lawyer can help contest a will before it’s admitted to probate. For instance, this may be necessary if:

• Will lacks signing formalities
• Decedent lacked mental capacity when they signed the will 
• Decedent was under undue influence
• Will is fraudulent

Is there a deadline for opening probate?

It’s never too late to start the probate process as there are no deadlines regarding this legal proceeding in Florida. In fact, it’s not uncommon for lawyers to handle estates decades after the person passed away. 

This can be tricky as many issues can arise in the meantime. For example, if one of the beneficiaries passed away, family members may lose contact with each other (usually with family members who live abroad or in another state). Surprisingly, in some cases, estates could be so old that the succeeding generations aren’t even aware they were entitled to it in the first place. 

Regardless of the complexities of the case, a probate lawyer can start the legal process of administering the estate even with a minimal amount of information. 

Leave no stone unturned

The prospect of hiring a probate lawyer may seem like an unnecessary inconvenience when it comes to administering estates, but in the legal world, nothing is unnecessary. 

The experience of the lawyer you hire also matters, which is why we urge you to give a call to attorneys at Jostock & Jostock. We’re a law firm operating out of Naples, Florida, and our main goal is to provide clients with premier legal services and unparalleled representation, stemming from multiple decades of experience and a pure drive for justice.

Let us know how we can help you by reaching us via our contact form or calling (239) 500-8822.

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.