We are independent & ad-supported. We may earn a commission for purchases made through our links.
Advertiser Disclosure
Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.
How We Make Money
We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently of our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.
Law

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

What are Probate Attorneys?

Nicole Madison
By
Updated: May 17, 2024
Views: 4,392
Share

Probate attorneys are highly-educated, trained lawyers who assist clients in matters concerning probate. Probate is a legal process that occurs after a person’s death. If the person who died had a will, the process includes proving the validity of his will and identifying the property the deceased person owned. Probate also includes having property inventoried and appraised as well as paying off the deceased’s taxes and debts. Finally, the probate process includes distributing the property that is left over to the deceased’s heirs, in accordance with his will or based on the laws of the particular jurisdiction.

Often, probate attorneys handle the administrative part of the probate process. Representing the executor of a will or the deceased party’s heirs, a probate attorney may provide legal advice, handle paperwork, and file any motions that are necessary as part of the probate process. He may also represent the heirs or a representative of the heirs if the deceased did not have a will. Essentially, his job is to make sure the probate process is completed in accordance with the jurisdiction’s laws and goes as smoothly as possible.

Sometimes probate attorneys do more than handle the administrative part of the probate process. In some cases, they handle probate litigation as well. For example, a probate lawyer may handle legal disputes over the details of a party’s will or the distribution of his estate. He may also handle legal disputes involving trusts. Sometimes he may even handle legal disputes involving a person who is still alive, such as those involving living wills.

In some cases, a probate attorney may act as the executor of a person’s will. This means he manages the distribution of the deceased party’s assets. He may, for example, oversee the changing of a real estate title to reflect an heir’s name or facilitate the transfer of money or securities to one of the heirs. In most places, a probate attorney who acts as the executor of a will is prohibited from being one of the will’s beneficiaries.

Aspiring probate attorneys typically complete college and then go on to law school. In most places, a person must pass a law exam in order to be licensed to practice law. He may then go on to work as an intern at a probate law firm, which would allow him to learn more about this field. After building his skills and knowledge, he may then go on to work for a probate law firm or open his own practice.

Share
WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Nicole Madison
By Nicole Madison
Nicole Madison's love for learning inspires her work as a WiseGeek writer, where she focuses on topics like homeschooling, parenting, health, science, and business. Her passion for knowledge is evident in the well-researched and informative articles she authors. As a mother of four, Nicole balances work with quality family time activities such as reading, camping, and beach trips.

Editors' Picks

Discussion Comments
Nicole Madison
Nicole Madison
Nicole Madison's love for learning inspires her work as a WiseGeek writer, where she focuses on topics like...
Learn more
Share
https://www.wisegeek.net/what-are-probate-attorneys.htm
Copy this link
WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.