16 Apr Probate Lawyer: Who They Are & What They Do?
What are Probate Lawyers?
Probate lawyers, often known as estate or succession lawyers, assist executors of estates (or “administrators” if no will exists) in managing the probate process.
They may also assist with estate administration and advising executors or administrators in relation to the discharge of their duties.
This article focuses on the type of work that a probate lawyer normally does.
What Are the Duties of a Probate Lawyer?
Whether or not the deceased has executed will prior their death will usually determine what a probate lawyer performs.
When Decedent Has Created A Will
If a person dies with a will, a probate lawyer may be retained to provide legal advice to parties such as the executor of the estate or a beneficiary. The probate lawyer, for example, may examine the will to ensure that it was not signed or written under duress (or against the best interests of the individual). Individuals who desire a piece of the estate, for example, may exert excessive influence over dementia patients.
Wills can be challenged for a variety of reasons, however most wills pass through probate stage without issue.
When Decedent Don’t Have Any Will
You are said to have died “intestate” if you die without having drafted and executed a will.
When this happens, regardless of your desires, your inheritance is distributed according to the intestacy rules of the state where the property is located. If you are married, for example, many South Australia’s intestate rules provide that your surviving spouse will receive part or all of your intestate property.
In some cases, a probate lawyer may be engaged to assist the estate administrator to divide the assets. A probate lawyer can assist with some of the aforementioned responsibilities, but he or she is constrained by South Australia’s intestacy laws, regardless of the deceased’s preferences or the requirements of the family.
A probate lawyer can assist the administrator with the probate procedure by securing and filing these statements with the probate court (managing the estate chequebook, determining estate taxes, securing assets, etc.).
What Is the Role of a Probate Lawyer?
Although hiring a lawyer to assist you with the probate procedure is a good idea, it is not always necessary. The size of the estate will determine whether or not you require a lawyer.
So, before you employ a probate lawyer in Adelaide consider the following questions:
- Is the probate process pretty simple?
- Do the members of the family get along?
- Is there enough money in the estate to pay off debts?
- What kinds of properties are included in the estate?
- Is it possible to distribute the estate without going through probate?
We at Di Rosa probate lawyers Adelaide have more than 30 years of experience in Grants of Probates and Letters of Administration. This means that you can easily trust our team to handle the matter.
For more information, you can reach out to us by visiting our contact page to get in touch with our team!!