Probate attorney: what you need to know
This is the attorney you would hire to administer the last will and testament of a deceased person. They will also help guide the heirs through the probate process in court, which is when a person files a petition for probate. This is the process to determine if the will left by the deceased is valid. In the probate process, the assets left by the deceased are distributed to pay the bills and what remains is divided among the heirs as established in the will. The probate attorney will assist the heirs during the legal process, including filing the necessary pleadings and motions. If the will is contested by the heirs, they will present arguments in court as to why it is contested. If the court has any questions about the validity of the will, it will answer your questions.
Although this is not required for them to do so, sometimes you will be the executor of the will, especially if the deceased has appointed you as the executor of their estate. When he is the executor of the will, he will manage the distribution of the assets left by the deceased. Some of its functions may be to help change the title of some property. It can also help move assets to the name of the person who inherited the items. The probate attorney is also responsible for making sure that all funds are accounted for along with the tax aspect of the will and estate. When the probate attorney is the executor of a will, they are generally paid a nominal fee, which could be a percentage based on a percentage of the estate or a fixed fee. This is a separate fee from the will preparation fee.
To become a probate attorney, you will first need to have a bachelor’s degree and graduate from law school, which can take up to ten years. Before you can apply to take the bar exam, you will need to have acquired a specific number of hours of work experience for a law firm. Each state has a specific number of hours. Once you have met this requirement, you can take the bar exam.
As a bonus, you must have good interview skills. When discussing any request to change a will or when creating a will, having persuasion and oral communication skills can be very helpful. When starting work as probate attorneys, many will work as junior attorneys for a law firm that deals with probate work. They will be the ones who review the wills, carry out the procedures that involve the execution of an estate and comply with the change requests. They will also learn how the surrogate court works.