What Is A Probate Lawyer? What Does A Probate Lawyer Do?

Probate lawyers are state-licensed attorneys offering legal assistance to clients executing an estate during the probate process. 

Probation is a formal legal proceeding that appoints an executor to administer an estate and distribute its assets to its beneficiaries. 

In this article, we will provide the role of probate lawyers and what it means to be a probate lawyer. Along with the process of becoming a probate lawyer if you are interested in becoming one. 

Who Is A Probate Lawyer?

A probate attorney is a lawyer who has the license within a specific jurisdiction who will assist an executor and estate beneficiaries regarding the settlement of deceased person’s final affairs. 

Probate lawyers are also known to assist in cases that require their clients in settlement of their financial assets before their death. 

Probate attorneys are recognised for their capacity to ensure the wishes of their client’s are granted in matters of their finances and properties. Probate lawyers also play a role in aiding the executors throughout the probate process.  

The steps to probate is defined by the area the deceased passed away and the other areas or states where the deceased owned property. 

The probate attorney can also assist the beneficiaries to the estate regarding various matters associated by the clauses provided by the executor. These circumstances arise when the beneficiary and executor are not able to come to an agreement. 

Moreover, a probate lawyer has the capacity to specialize in a variety of lawsuits relating to the aspects of estate of the executor. 

In such cases, a probation attorney is termed as estate litigator, estate and trust litigation or probate litigator. 

Duties Of A Probation Attorney

Probation lawyers have a wide variety of additional duties that they fulfil. These duties include: 

• Providence of professional tax and legal advice to executors aiding with the sale of estate property
• Distribution of assets to the beneficiaries of an estate
• Helping executors in determining and securing probate and non-probate assets
• Locating and securing the deceased party’s physical assets
• Collection and management of life insurance proceeds 
• Advising on the payments of the deceased last bills and debts 
• Preparation and filing a decedent’s documents as required by a probate court
• Determination of whether the decedent has any payment regarding real estate tax 
• Helping in estate planning like the creation of wills or drafting living trusts 
• Offering assistance regarding the concept of the power of attorney 
• Overlooking the estate’s checking account
• Settling conflicts or disputes between executor and beneficiaries of the estate
• Request permission from the court regarding certain actions related to state laws 
• Determination of intestate decedent’s heirs 
• Administration of minor’s share in the estate till they reach the majority 

How Can You Become A Probate Lawyer In The US?

To become a professional probate lawyer, you will be required to have specific educational and training requirements. This will allow you to become a professional probate lawyer. 

Having knowledge regarding the attainment of education, skills, and experience would enable a successful career in the field of probate law. 

Here are the ways you can acquire qualifications for being a probate lawyer: 

• Earn A Bachelor’s Degree

The first action associated with being a probate lawyer is associated with gaining a high school diploma and pursuing a bachelor’s degree from an accredited institution. 

For a law degree, it is necessary to attain a bachelor’s degree to attend law school. The most feasible degrees that you can choose for law are political science, psychology, sociology, or pre-law. 

Try to earn and maintain high grades during your bachelor’s degree to remain competitive as a law degree candidate. 

Additionally, consider developing positive relations with professors regarding acquiring recommendations for your law school applications. 

• Prepare And Pass The Law School Admission Test (LSAT)

Law schools across the US require you to take the LSAT before you apply for law schools. The LSAT is a standardized examination for students seeking to apply for law schools in the United States.

You would have to prepare thoroughly to acquire high marks in the test. This will allow you to get admission in the best law schools of the US. 

• Earn Your Juris Doctor Degree 

After getting admission in an accredited law school, you would have to stay for an approximate of four years. 

This will aid you to earn your Juris Doctor degree. Consideration of attending the law school with a real estate specialization will allow you to become a probate lawyer. 

• Pass Your State Bar Exam

For becoming a practicing probate lawyer, you will have to clear your State Bar Exam. You will have to have extensive knowledge regarding the laws you have previously studied in law school. Irrespective of the State you are seeking to practice, it is mandatory to pass their bar exam for becoming a practicing probate lawyer. 

The bar exam is a written test comprising ethics and law subjects. 

• Studying The Uniform Probate Code 

You will have to spend time learning about the Uniform Probate Code. This will allow you to effectively learn the legal process of probation. 

Learning the code will also allow you to effectively assist your client in the probation process. 

Additionally, learning the different probation codes of each State will allow you to serve a high number of clients. 

• Join A Professional Law Firm 

You will be required to join a local real estate law firm to increase your network with clients and other legal professionals in the area. 

If you are unable to attend local firms, you might look into national law firms. They will also assist you in networking with other real estate lawyers for increasing your client base. 

Conclusion 

The career of a probate lawyer is an interesting one if you are interested in aspects of real estate laws. Due to this, it is crucial for you to effectively have a good academic record that will allow you to effectively become a professional probate lawyer. 

This means, you will be required to have a high score in your high school diploma. Along with this, you will also be required to earn your bachelor’s degree from an accredited university.  

You will also have to pass the LSAT with good scores for getting admission in an accredited law school. 

Furthermore earning the juris doctor degree and learning the uniform probate code will assist you to effectively become a professional probate lawyer. 

So, you should start preparing for your LSAT from an early period of time so it is easier for you to get admission in an accredited law school. 

And later join a law firm to increase your client base.