When somebody passes away, he/she normally leaves behind some wealth and property. This property can be distributed among his legal heirs in two ways. One is, it can be disposed of as per his will or if there is no will, it can be distributed with the help of law prevailing in the state or country. There comes the role of a probate lawyer. A probate lawyer does the work of disposition of wealth and property of the deceased person as mentioned in his last will. In this process the probate lawyer should make sure that the disposition is done according to the law of that particular state.
Process of Probate:
Probate process involves not only the distribution part of the property but also look into the debt if any, on that property. Before he proceeds with the probate process, the probate lawyer has to do a valuation of the property probated and submit the details to the court to prove that it is in line with the Will. Debts on the property could be in the form of a lien on the estate, credit card debts and other house hold bills and all that. Moreover, the probate lawyer has to see whether there are any claims on the distribution of estate as per the will. There could be instances where somebody would contest in the court complaining that his/her name was left out in the will. A probate lawyer has to intervene in this and ensure that the property is disposed of flawlessly.
In a probate, filing of documents in the surrogate court is the first step. And if there is a will, it has to be submitted to the court with other relevant documents such as death certificate etc. it is the court’s prerogative to ask for any further documents or clarification as part of the probate process. It is the onus of the probate lawyer to check the law and submit all relevant documents in time.
Contest to Probate:
To contest a probate case, the person should have a direct relationship with the deceased and rights on the property and prove it in the court. Normally challenging a probate is a lengthy affair and which could end up in litigation on the property. A probate lawyer will handle this litigation process. If he is capable of settling the issue without going to the extent of litigation, it would get settled with out much of a problem.
There may be some pros and cones in the probate process. There could be a chance of getting some tax deductions or exemptions if it is distributed in some manner. This has to be informed to the legal heirs of the will and help them get the benefit out of it. Probate lawyers normally advise their clients about it and ensure the probate is processed in such a way that all these advantages are taken care of.
Probate is a long process when compared to other legal processes. So is a little more expensive a process too. Probate lawyers charge exorbitantly depending upon the probate process. Probate process in the US does vary from state to state. So a Probate lawyer should be well aware of the process as per the jurisdiction of law.