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?

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. They also play a role in aiding the executors throughout the probate process.  

Moreover, 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?

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. Moreover, this will allow you to become a professional probate lawyer. 

Moreover, 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

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. 

Moreover, 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)

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 

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 to increase your client base.

Tips To Succeed As A Probate Lawyer 

Hey, aspiring legal eagles! So, you’ve decided to dive into the fascinating world of probate law? Get ready for a wild ride where paperwork meets family drama. Today, we’re dishing out some hot tips to not just survive but thrive as a probate lawyer.

Mastering the Probate Basics 

First things first, familiarize yourself with the ABCs of probate. Understand the legal ins and outs, from the initiation of the process to the final distribution of assets. Moreover, the more you know, the better equipped you’ll be to guide your clients through the maze.

 People Skills 101 

Probate isn’t just about legal documents; it’s about people – grieving families dealing with loss. Developing a compassionate approach can make a world of difference. Moreover, empathy isn’t just a buzzword; it’s your secret weapon to navigate delicate situations and build trust.

 Communication is Queen 

Probate proceedings can be confusing, especially for those not versed in legal jargon. Break it down for your clients. Regular updates, clear explanations, and being responsive to their queries build a bridge of trust. Moreover, remember, a well-informed client is a satisfied client.

Time Management Magic 

Probate cases can be time-consuming. Managing multiple cases simultaneously requires some serious juggling skills. Prioritize tasks, set realistic timelines, and avoid the last-minute scramble. Moreover, your sanity and your clients will thank you.

Build Those Connections 

Probate law is not a lone wolf game. Networking is your golden ticket. Connect with other legal eagles, attend seminars, join professional organizations – your network can be a source of support, advice, and potential referrals. Moreover, it’s not just about what you know but who you know.

Embrace the Digital Era 

Welcome to the 21st century, where tech is your trusty sidekick. Utilize digital tools for case management, document sharing, and staying organized. Embrace efficiency. Moreover, you’ll find yourself saving time and impressing your clients with your tech-savvy approach.

Let Your Expertise Shine 

In the legal jungle, you’re not just a probate lawyer; you’re a brand. Establish an online presence, showcase your expertise through blogs or webinars. Moreover, let potential clients know why you’re the go-to probate expert. A little marketing mojo can go a long way.

Continuous Learning

Stay on top of the game by engaging in continuous learning. Moreover, attend workshops, read up on recent cases, and be proactive about staying informed. Your commitment to growth will set you apart.

Probate Lawyer: Frequently Asked Questions (FAQs) 

Certainly! Here are some frequently asked questions about probate lawyers:

1. What is a probate lawyer, and what do they do?

Think of a probate lawyer as a legal guide through the intricate maze of probate, which is the process of settling a deceased person’s estate. They help ensure that the deceased person’s assets are distributed correctly and according to their wishes, as outlined in their will or in line with state laws if there’s no will.

2. When do I need a probate lawyer?

You typically need a probate lawyer when a loved one has passed away, and their estate needs to go through the probate process. This includes tasks like validating the will, identifying and appraising assets, paying debts, and distributing the remaining assets to beneficiaries.

3. Can’t I handle probate on my own?

You can try, but probate can be a complex, time-consuming, and legally intricate process. Probate lawyers are experts at navigating this system, helping to prevent costly mistakes and delays. Moreover, it’s often advisable to have a professional on your side.

4. How much does a probate lawyer cost?

Probate lawyer fees vary depending on factors like the complexity of the estate, your location, and the attorney’s experience. Moreover, some may charge a flat fee, while others bill by the hour. Be sure to discuss fees and payment arrangements upfront.

5. What’s the difference between a probate lawyer and an estate lawyer?

While these terms are sometimes used interchangeably, an estate lawyer often helps clients plan for the distribution of assets before they pass away. Moreover, a probate lawyer, on the other hand, focuses on the legal process that occurs after someone’s death.


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. 

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

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

Moreover, 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.

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