5 Things a Probate Attorney Does So You Don’t Have to | What to Expect

Dealing with a loved one’s estate after they’ve passed is never easy. There’s the emotional weight of grief, plus a mountain of legal paperwork and court processes you’ve likely never dealt with before. Where do you even start?

Hiring a probate attorney can lift a huge burden off your shoulders during this difficult time. These trained professionals handle all the nitty-gritty so you can focus on more important matters. From wading through red tape to appearing in court on your behalf, a good probate attorney is invaluable.

Here are five key things they’ll take care of to make your life easier.

1. Guide the Executor or Personal Representative

One of the primary roles of a probate attorney is to assist the executor or personal representative in understanding their fiduciary duties and responsibilities.

This includes:

• Providing legal advice throughout the probate process
• Helping to avoid potential legal pitfalls
• Communicating with beneficiaries and addressing their concerns

The attorney will be there to answer questions, offer guidance, and ensure that executors fulfill their obligations in accordance with the law.

2. Identify and Assess Estate Assets

Florida probate requires a detailed inventory of all of the estate’s assets, but unfortunately, most people don’t keep such detailed records, so those left behind don’t even know where to look.

Probate attorneys can help the executor locate and inventory all assets of the estate, including:

• Bank accounts
• Real estate
• Investments
• Personal property

Your legal counsel will also help determine the value of these assets for tax and distribution purposes.

In some cases, probate lawyers collaborate with appraisers and financial professionals to ensure accurate valuations, especially when dealing with unique or complex assets like businesses or real estate.

3. Handle Debts and Taxes

Before distributing assets to beneficiaries, an estate must pay any outstanding debts and taxes. This requires the executor to publish a notice to creditors, allowing them to make claims against the estate within a specified period.

The executor must also file the necessary tax returns and pay any estate taxes due from the estate’s assets, which can include federal estate tax if the total value exceeds the exempt amount, as well as state-level taxes in some cases.

Debt and taxes are two things that can become even more complex when they involve a deceased individual. Your probate lawyer can help you by:

• Identifying and settling valid estate debts
• Working with a CPA, ensuring proper payment of outstanding taxes, including income and estate taxes
• Working with a CPA to prepare and file the final income tax return for the deceased.

The attorney’s expertise in these matters can help prevent mistakes leading to legal or financial consequences for the estate and its beneficiaries.

4. Mediate Disputes and Conflicts

Unfortunately, disputes and conflicts can arise during the probate process. A probate attorney can help mediate disagreements among beneficiaries or family members and handle challenges to the validity of the will or trust.

If necessary, your probate attorney will represent the estate in probate litigation, always seeking resolutions that align with the decedent’s wishes and the law.

5. Distribute Remaining Assets to Beneficiaries

Once debts and taxes have been settled, the probate attorney will prepare a plan for the distribution of assets according to the will or state law. However, this process is not as straightforward as simply cutting checks to the beneficiaries. The distribution plan must be submitted to the probate court for review and approval.

The court will examine the proposed distribution to ensure it adheres to the terms of the will and applicable laws. The executor may also be required to provide a final accounting of all estate transactions and expenses incurred during probate.

Your probate attorney can take a significant burden off your hands, by:

• Obtaining necessary court approvals for asset distribution
• Coordinating with financial institutions to transfer assets to beneficiaries
• Ensuring proper documentation of asset transfers

Their goal is to make sure that the beneficiaries receive their rightful inheritances in a timely and efficient manner.

How Much Does it Cost to Hire a Probate Attorney?

The cost of hiring a probate attorney can vary significantly depending on several factors:

• Location: Attorney fees tend to be higher in larger metropolitan areas compared to rural areas.
• Complexity of the estate: Estates with more assets, debts, or complications (e.g., disputes among heirs) will generally require more work from the attorney, resulting in higher fees.
• Attorney’s experience and reputation: More experienced and well-known probate attorneys typically charge higher rates.
• Fee structure: Some attorneys charge hourly rates, while others charge flat fees or take a percentage of the estate’s value.

Many probate attorneys will provide a free initial consultation to discuss the estate and provide an estimate of their fees upfront. Alexander Gil, PLLC always offers free initial consultations.

While hiring an attorney may seem like an added expense, the benefits of experienced legal representation often outweigh the costs of time, stress, and potential mistakes. Additionally, in the State of Florida, the personal representative is required to be represented by an attorney.

How Long Does Probate Take in Florida?

The answer depends on the complexity of the estate and whether interested parties bring disputes. A straightforward probate case with no contests or complications could be resolved in as little as six months, while more complex cases may take a year or more.

Your probate attorney will help you understand the timeline for your specific case and keep you informed of any developments that may impact the schedule.

Relax with Experienced Probate Representation

Working with a skilled probate attorney offers invaluable guidance and support during difficult and emotional times.

From identifying assets and settling debts to litigating challenges and distributing inheritances, a probate lawyer’s expertise guarantees your loved one’s wishes are fulfilled as intended.

If you need probate assistance in Florida, consider scheduling a confidential case evaluation with Alexander Gil, PLLC.

Our attorneys can provide the information and guidance you need to confidently take on the probate process.