How to Hire a Probate Court Attorney for Litigation Matters

What is the probate process?

The probate process is a legal process of administering a deceased’s estate overseen by the probate court. It’s typically a four-step process involving identifying and valuing the deceased’s assets, paying off debts and taxes, and distributing the remainder to beneficiaries and heirs.

If necessary, the deceased’s family can petition for a probate process soon after the passing. However, in some cases, probate is not needed. In any case, California requires Wills and trusts to be submitted 10 to 30 days following death or revelation, accompanied by a comprehensive list of beneficiaries and or heirs.

Once the Executor has presented the Will and Trust documents to the court, they can file for probate.

When is probate necessary?

Whether to petition for probate depends on the size of the deceased’s estate, the types of assets in possession, and whether they performed estate planning and left a trust.

Some estates may qualify for small estate proceedings, meaning probate is unnecessary. Instead, the family must file for a small estate declaration. Probate is also necessary when dealing with communal property, survivorship assets, life insurance, retirement accounts, and trust-owned real estate. These assets can be distributed outside probate.

On the other hand, if the deceased’s estate consists of unique or complex holdings and they never did any estate planning or only left behind a Will without a Trust document, then probate is a must.

In any case, it’s always wise for the Executor to work with an experienced probate lawyer to determine if the aforementioned legal process is necessary and help initiate it in a manner that doesn’t contravene state laws.

What is a probate court attorney?

A probate court attorney is a state-licensed attorney specializing in legal aspects of estate distribution. These individuals are trained and experienced in laws surrounding the probate process, enabling them to speak on behalf of their clients throughout the legal proceedings.

Probate lawyers can work with the Executor appointed by the decedent or the beneficiaries in cases where an Executor is missing. They provide:

• Services ranging from tracking and inventorying estate assets.
• Explaining and paying debts.
• Distributing and settling the estate.

However, the probate process can be long and tiresome, and most estate owners want to avoid it. One can work with probate lawyers to plan their estate, establish guardianship, write a will, and set up a trust.

What are the benefits of hiring a probate court attorney?

As mentioned, probate attorneys work with Executors or beneficiaries to get an estate through probate and eventual asset distribution. Following the owner’s death, what happens to an estate depends on the Estate Plan.

Suppose the deceased left a will without a Trust. In that case, probate is a must, and it’s a court-mandated process involving asset identification and inventorying, debts and tax payment, and asset distribution. Probate attorneys possess in-depth knowledge of probate laws, court rules, and procedures and can help streamline the process, preventing delays and frustrations.

On the other hand, the presence of a Trust eliminates the need for probate, but a probate lawyer can still be asked to help the Trustee administer the estate. It’s best that way so the Trustee avoids quarrels and constant litigation by the beneficiaries and heirs. Probate lawyers’ knowledge of laws surrounding Trusts can help manage a Trust according to the Trustor’s wishes and applicable laws.

Another benefit of working with probate lawyers is their help concerning estate taxes. The concept of estate taxes is complex. If you are not careful, you may have substantial tax debts or be on the wrong side of the law. Probate lawyers can help navigate the issue, including identifying which taxes apply and the tax breaks to leverage to maximize the value of an estate.

Trust and estate administration doesn’t always go hiccup-free. In some cases, beneficiaries or heirs may find glares in the Will or Trust terms, the Executor’s accounting, etc. In such cases, having a probate attorney advocate for your rights and interests in court is helpful. They can help you contest the Will or Trust, address undue influence, issues of incapacity, or tortious interference. They can also help you get back misappropriated or mismanaged assets or properties.

When to hire a probate attorney?

We’ve already mentioned cases where probate is necessary. However, they aren’t the only situation where hiring probate court attorneys is highly advisable. Here’s a breakdown of other situations where it’s best to consult with probate lawyers on matters regarding the deceased’s estates.

Complex estates

If an estate is difficult to administer and distribute, you want to work with an experienced probate attorney to figure it out and avoid future disagreements and litigations from beneficiaries. This is especially important in cases involving multiple beneficiaries, significant assets, or complex ownership structures. It’s better to get things right from the start.

Lack of will

Not every estate owner leaves a will when they die. Sure, everybody knows the importance of Wills and Trusts. However, only some take the opportunity to prepare these tools and documents. It could be just old-school procrastination or fear of the costs or process. Either way, a lack of Wills and Trusts can put your estate in a precarious position when you leave. In such cases, beneficiaries can work with a probate attorney to ensure the estate is distributed legally.

Contested Wills or Trusts

Probate attorneys are also needed in cases involving contested wills or trusts. They can advocate for beneficiaries, ensuring individual rights and interests are protected in court proceedings.

Minors or beneficiaries with incapacities

You should also hire probate attorneys in cases involving minors or beneficiaries with disabilities to ensure the rights and interest of these individuals is protected throughout the estate administration and distribution.

Complex holdings

Suppose the estate involves unique or complex assets such as intellectual property, businesses, or real estate property. In that case, you want to involve experienced probate attorneys from the beginning to get specialized legal expertise and ensure the assets are valued and distributed correctly.

What to ask probate attorneys during the initial consultation?

If you are going to work with a probate lawyer, you want someone with significant experience in the field and a stunning success rate in the courts.

No one likes an average performance, and certainly not when your inheritance is on the line. Therefore, before calling them or going into their office, read a little about the probate process and the duties of probate lawyers so you don’t feel like a kid whose puppy snatched his homework when talking to these professionals and weighing their skills and competencies.

Some of the most important questions to ask probate lawyers include:

How long have they been practicing probate laws, and how many cases have they handled? This will allow you to gauge their experience level and ability to help you resolve the matter quickly and efficiently.

How do they charge for their services? Some probate attorneys charge per hour, others use a flat rate, and in other cases, it depends on the size of the estate. Work with an attorney whose fees and payment plan suit your style and budget.

Do they have legal assistants to help take on some of the tasks at reduced charges and help lower your overall legal expenses?

Have they handled cases similar to yours, and what’s their time estimate for the settlement process? This will help you know whether they have the experience to deal with a case as complex as yours and also get a rough estimate of how much it’ll cost, especially if they charge per hour.

Have they handled cases in the court to which your case is assigned?

Are they familiar with filing state or federal tax returns?

Can they provide reviews from their former clients?

Will they let you handle some of the tasks to minimize costs?

Additionally, consider their communication and people skills. In some cases, the deceased may already have hired a probate lawyer. But if you don’t feel comfortable working with them, feel free to ditch them and look for a new lawyer.

Alright, that’s all from us. If you are convinced that you could use the services of a California probate attorney or are still deciding and need further chat to make up your mind, we will be happy to help. Contact us today to speak with an expert and learn more about our services and how we can help streamline your probate process.