Did you know that a probate lawyer is not always required to settle an estate. In our guide, we’ll explain the reasons why. Probate can begin as soon as you lose someone close to you. Probate, if necessary, is a legal procedure that validates a Will in cases where there was one. It settles an estate. Did you know that a probate lawyer is not always required to settle an estate? In this guide, we’ll explain why.
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Need help with probate?
Our probate services are helpful and we will work with you to find a plan that suits your needs. Probate is a long, stressful and expensive process. After losing a loved one, it can be overwhelming to navigate the probate process on your own. This guide can help you determine if a probate lawyer is something you need. We answer your questions about everything from what a typical estate probate lawyer fee is to what a probate lawyer does. We’ll cover:
- What Is a Probate Lawyer
- What is a Probate Lawyer?
- Do I need a lawyer for probate?
- Questions To Ask A Probate Lawyer
Are you trying to learn the basics of probate law? You can find a full breakdown in our guide What is Probate.
What is a probate attorney?
A probate lawyer is a licensed state attorney who can assist the executor (if there was one) of the will or the beneficiaries in settling an estate. They can help with everything from finding assets and inventing them to paying off any debts that the estate might have to distributing the estate and settling it. The Probate Attorneys are also qualified to assist with Estate Planning, but they charge high fees for basic services like creating a Trust, a Will, or setting up guardianship. Bonardi & Uzdavinis offers estate planning solutions that simplify the process, making it more accessible and cost-effective. A probate attorney’s fee range will vary. They can charge by the hour, or by a flat rate. In some states, the fee is determined by the value of the estate. States that permit a percentage fee on value include:
- Arkansas
- California
- Florida
- Iowa
- Missouri
- Montana
- Wyoming
As an example:
- California fees include:
- 4% on the first $100,000
- 3% of next $100,000
- 2% of $800,000.
- 1% of $9m
- Half of the next $15m
- A “reasonable” amount for estates worth more than $25m
- Florida fees include:
- 3% for the first $1 million.
- 2.5% for all above $1 million and not exceeding $5 million.
- 2% for all above $5 million and not exceeding $10 million.
- 1.5% for all above $10 million
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Contact Bonardi & Uzdavinis without delay to arrange a FREE consultation.
What is the role of a probate attorney?
Probate attorneys, also known as probate lawyers, are hired to settle an estate. The Estate Plan will dictate the next steps after the death of your loved one. Probate will be required if they have a Will. Trusts don’t have to go through probate. This can make the process less complex and more private. Even if the Trust is the only thing involved (and there’s no Will and therefore no probate), an attorney can still help the Trustee manage the Trust. Who is a probate lawyer? Probate lawyers represent either an heir (a beneficiary), the personal representative, or the estate. They can sometimes play multiple roles, though it is rare. The probate attorney will help the executor and beneficiaries settle their estates and can assist them in many ways, including:
- Life insurance proceeds can be collected
- Calculating and paying inheritance tax
- Calculate and pay estate and income tax that may be due
- Identification of all estate assets
- After paying all bills and tax, final distributions are made
- Open and manage the estate’s bank account
- Ordering real estate appraisals
- Payment of final bills and debts
- Prepare and file all court documents
- Assets can be titled in the names of beneficiaries
Do I need an attorney for probate?
You will need to consider a number of factors and scenarios before deciding whether or not you require a probate attorney. Consider things such as:
- How complex are your state laws
- What type of estate plan did the deceased set up?
- Do they have a Will or Trust? Did they have a Will? Both? What?
- How large is your estate?
- Do you have any beneficiary relationships that are contentious?
- How complex are asset and beneficiary designations?
These factors will all play a role in your decision as to whether you need the help of experienced and trusted professionals. You’ll have to deal probate if the deceased only had a Will. The next step would be to determine how complex the estate will be, and how difficult it will likely prove to probate. The more complex an estate, the more appealing an attorney will seem. A probate lawyer may not even be needed if the deceased had a properly-setup Trust. Can you do probate without an Attorney? Yes, in a nutshell. While you can manage probate by yourself, some estates are complex or large enough that a professional is needed. Consider getting assistance from our experts if you do not want to deal with this alone. They provide unparalleled support and guidance in order to simplify the process of probate.
What to ask a probate attorney
Before you hire a probate lawyer, you should be aware of a few important things. By asking questions upfront, you can avoid (costly!) surprises. You can use the list below to find the attorney that is best suited for your needs. How long have you been practising probate law or Estate Planning? The longer they have been practicing, the better equipped they are to do the job for you. Do you have any other practice areas? A lawyer may be able take on cases of probate, but they might practice in a completely different area. You could pay the price if they lack experience in estate law. Have you acted in court before the judge who will hear my case? Judges and counties have different rules and ways to proceed. A probate lawyer who is familiar with the judge’s preferences will make things much easier.
How Long Will It Take To Settle My Estate?
This can vary widely. Although it is rare for a probate to take years, it has been known to occur. Knowing how long you attorney expects the process to take can help (especially if your attorney will charge hourly). Remember that there may be unexpected delays. Have you ever handled a case similar to mine before? It can be helpful to know the experience of your attorney, especially if you have a complicated case or if there is a large estate. It could be the most crucial question you ask.
What are your rates?
Be sure to understand the fees. Will they charge a flat fee? Percentage based on estate value? Hourly? The decision to hire or not hire a lawyer for probate depends on several factors. Consider how well you know how to navigate probate. Also, consider how complex your state’s laws are. And how large or extensive the estate is. The probate court has certainly been the source of some horrific stories. You can avoid these situations if you are properly protected. Bonardi & Uzdavinis can help you with all your estate planning requirements.
Feel Free To Schedule A Consultation
Contact Bonardi & Uzdavinis without delay to arrange a FREE consultation.
