DO I NEED A PROBATE LAWYER?

Often people start the probate process themselves only to have to hire an attorney to repair the case later, causing additional time, stress, expense, , and sometimes litigation. Hiring a probate attorney helps you save time, money, and stress during the process by eliminating complications that could otherwise arise and protecting you from probate’s pitfalls.

Here are some questions you may ask yourself before attempting to file a probate without an attorney to assist:

· How large is the estate?

· Is the family dynamic complex?

· Is the family combative?

· How many lawful heirs are there?

· How many beneficiaries?

· Do you want to maximize the expenses and reimbursement you are entitled to?

· Do you know the rules for a fiduciary, like an executor?

· Do you want a discharge from duties upon completion of probate?

· Is the will ambiguous? Is it properly executed?

· Do you know that attorney’s fees are reimbursable from the estate?

· Do you want to move through the process deftly without mistakes?

· Do you want to minimize the risk of litigation?

The probate process can take anywhere from 3 months up to 18 months to finish depending on the circumstances. Because the probate process is front-loaded with paperwork and research, this means that the grieving family will be spending a lot of time trying to navigate legalities instead of mourning in peace or comforting family members. A probate attorney will take the burden of research and paperwork off of you as they will handle everything so you can focus on what matters most.

Having a good probate attorney helps to avoid mistakes. Filing a probate requires submitting detailed records and paying court fees to get things set into motion. While the funds will most likely come from the estate and not from your own bank account, if the probate is contested, any costs involved could deplete the estate and decrease the inheritance you and your family receive.

Even the smallest mistake can cause you to have to start over or incur additional fees; bigger mistakes, such as conflict that arises if the will is contested and is not handled properly, can even result in lawsuits and litigation fees which can become quite costly in a hurry. A probate attorney will draft and review all your documents before submission, preventing errors, reducing the chances of costly resubmission, and decreasing your personal liability.