A probate lawyer
handles and administers the legal aspects of a deceased person’s
last will and testament. He also notifies the heirs about the
document and guides them throughout the legal process. In this light,
the probate attorney may also act as the executor of the will,
although this is only in certain cases and isn’t required.
What is Probate?
Essentially, probate is
the term used for the legal process, accepted in the United States,
of dividing the estate of a deceased person who has left a will. The
deceased has the primary right to appoint the executor of his will
(the absence of this provision allows the probate lawyer to take the
executor’s stead), as well as assign the equitable distribution of
his assets as he sees fit.
Distribution Outside
of Probate
In some cases, the
assets of the deceased can still be divided outside of the probate
process, but this all depends on the extent of anti-probate planning
that the deceased has made before finalizing his will. Moreover, some
assets also don’t need to go through probate proceedings, just like
joint tenancy and survivorship community property.
Probate Made
Straightforward
Essentially, states
that have adopted the Uniform Probate Code or UPC should have quite a
straightforward legal process and the states allow for probate
proceedings with minimal court supervision. Ask a probate attorney
for more details on this matter.
