Probate Lawyers: What They Do and Why You Need One
Probate occurs after a person dies and leaves behind assets to be distributed. A probate lawyer navigates the probate legal process for administering a Will. They also provide guidance when a probate court assigns an estate administrator when a Will doesn’t exist. To prepare for when your estate goes into probate, hiring an estate attorney can help protect your assets and ensure your family’s financial security.
What Does “In Probate” Mean?
When an estate is “in probate,” that means the holder of the estate has passed away, and a court must oversee the distribution of the estate and provide the opportunity for payment of outstanding debts. Furthermore, the probate and estate settlement process may include any of the following:
- Establishing the validity of a will to the satisfaction of a probate court
- Providing a complete inventory of a person’s real and personal property
- Obtaining the appraisal of the property
- Distributing the remainder of assets as the Will directs or according to Ohio law in the absence of a Will
Generally, only assets owned solely by a deceased person must go through probate, not assets held with a joint owner. A lawyer experienced in Trusts, Wills, and other aspects of probate law will know which assets require the process.
The Role of the Probate Attorney
The probate process involves a lot of paperwork, which your lawyer can handle. They’ll also appear in court when necessary and protect the estate assets from debt or false claims by people who act as creditors.
Your estate planning attorney will ask the court to approve the personal representative (executor) designated in the Will or assist a family member in applying to be a representative if a Will doesn’t exist. A probate lawyer can prevent problems with settling an estate by guiding the personal representative through the legal process, beginning with ensuring that there are no objections to the person appointed to be the personal representative.
One of the most critical functions of an estate planning attorney is guiding the personal representative through the probate process. Failure to follow all legal protocols could result in increased probate costs or delays in the final settlement and distribution of assets to beneficiaries.
The Importance Of A Probate Attorney
Consulting an experienced lawyer about probate before the process begins is a good idea. A Cincinnati attorney working in Wills and Trusts can help you understand the probate process and make necessary arrangements before your loved ones need to settle your affairs. The probate experts at Donnellon, Donnellon & Miller will happily answer your questions and ensure the smooth resolution of your estate and matters.