When Should I Call A Probate Attorney?

When you have to deal with the loss of a person you loved, you are sure to be quite overwhelmed. This can be quite an emotionally challenging time, and there is no doubt that you will want to give yourself time to recover and move on with your life.

But, apart from the emotional burden, you may also be the one carrying the burden of dealing with all the practicalities and ensuring that the estate is settled successfully. Meaning, you will have to deal with the financial and legal responsibilities as well.

In this article, we will explain the following things:

• Who is a probate attorney?
• When should you call a probate lawyer?
• What is the cost of hiring a probate attorney?

Therefore, if these are some of the things that you want to know about, then keep on reading this blog till the end…

Who Is A Probate Attorney?

Now, of course, what you may already know is that the probate process can be quite overwhelming, as well as confusing. And this is especially true since we are talking about the fact that you just lost a person you loved.

But then, it can also be rather time-consuming, especially if you are not sure how to do everything right. The will has to be validated, the assets distributed, the debts paid, and any kinds of dispute resolved. And, well, all of that certainly sounds like quite a lot of work.

The thing is, though, you don’t have to, and you definitely shouldn’t have to, do this alone. Instead, what you should do is hire a probate attorney to help you navigate the entire process more easily.

Additionally, they will also be able to help you deal with the technicalities and the practicalities, so that you don’t have to be so burdened by them.

These professionals can be there along the entire way, ensuring that everything is done right, and assisting you through all of the steps.

They will, among other things, help you in the following ways:

• File the necessary documentation with the court.
• Help locate and value the estate assets.
• Advise you on the probate laws that are specific to your state.
• Guide you on the deadlines you will have to meet.
• Manage creditor claims.
• Resolve any disputes that may arise between the beneficiaries and the heirs.
• Handle estate taxes and final distributions.

As you can see, they can pretty much do everything you need during the probate process to ensure it goes smoothly. According to Investopedia, “Probate law determines how a person’s assets are divided after death.” 

When Should I Call A Probate Attorney?

Now, the truth is that some estates, those that are small or straightforward, can often be handled without this kind of personal assistance. Yet, there are numerous circumstances in which getting legal help through hiring professionals is a good idea.

So, let me now tell you a bit more about those situations in which you should undeniably hire a probate attorney to assist you.

There Is No Will

First things first, if the person you loved has passed away without leaving a will, then the estate has to be distributed in accordance with the intestacy laws in your state.

In short, we are talking about those laws that determine who inherits what, and how the assets are divided, and they can be quite confusing for someone without a legal background.

That is why hiring a probate lawyer is undeniably a good idea when there is no will, because they will help protect everyone’s rights, and ensure that everything is done lawfully.

The Estate Is Complex And Large

If the estate is large and complex, you may also have a hard time handling it on your own. For example, there may be multiple properties, as well as investments or business interests to consider, and all of that can quickly become quite overwhelming for you to manage.

If you don’t manage everything correctly, you may open yourself up to financial penalties or liability, which is not what you want. Therefore, hiring an attorney is the right thing to do.

You’re The Executor And You Don’t Know How To Do All Of This

It is definitely an honor to be named the executor of the will or the personal representative. Yet, you may not really know how to do all of this alone, despite being honored.

On the other hand, great Probate Law attorneys are sure to know exactly how to go through the entire process. Thus, they can make things easier and simpler for you.

There Are Disputes Among The Heirs Or Beneficiaries

If there are any disputes among the heirs or the beneficiaries, then you should also undeniably hire a probate attorney. Why? Because they can mediate those disputes, as well as protect the estate against fraudulent claims.

The Estate Is Under Debt Or Has Tax Problems

If outstanding debt is linked to the estate or there are tax problems, managing it could be even more difficult. Those debts and problems don’t disappear when someone passes away.

So, hiring a probate lawyer can help you navigate those legal processes as well, and thus avoid any kind of personal liability that may come from not handling the debts or the tax issues the right way.

Read Also: How to Get a Debt Lawsuit Dismissed in the FASTEST Way!

What Is The Cost Of Hiring A Probate Attorney?

The​‍​‌‍​‍‌ cost of hiring a probate attorney in the USA is generally $200 to $400 per hour. Some lawyers also charge a flat fee of $1,000 to a little bit more than $10,000, or a percentage of the estate’s value (most cases 2% to 5%). However, these generally depend on the fee structure and the degree of difficulty of the case.

Here’s a quick look at the fee structures when it comes to hiring a probate attorney:

Hourly Rate:

First, this is one of the ways to use it, especially for complicated cases or for necessary, limited work. Pricing changes depending on the area and the lawyer’s experience. However, usually in the big cities, it is between $200 and $400 per hour.

Flat Fee:

In case of a simple and clean estate, an attorney may set a flat fee from $1,000 to $10,000+. For example, these can be as follows:

• Will that people can easily understand.
• Small amount of assets.
• Will with no disagreements.

For this, they take into account the place and the degree of difficulty.

Percentage Of The Estate’s Value:

Finally, there comes the fee structure where you have to pay a percentage of the estate’s value to the probate attorney. For instance, in some states (like Arkansas, California, Florida, Iowa, Missouri, and Wyoming), attorneys are authorized by state law to take a share of the total estate value as their charge. Normally, this amount is between 2% and 5% of the total estate ​‍​‌‍​‍‌value.