What Is a Probate Lawyer? | What You Should Know

probate court

A probate lawyer plays an important role in the estate administration process. If you would like to learn more, continue reading and reach out to our skilled Montgomery County probate attorney today. Our legal team is on your side and is here to protect you and your future.

What is a probate lawyer?

As a state-licensed attorney, a probate lawyer works for the executors and the beneficiaries of an estate to settle the affairs of a deceased individual. In some instances, probate can be avoided if all the decedent’s assets have been placed in a trust. A trust can ensure an easy transfer of property outside of court and legal proceedings. Basically, a probate lawyer oversees the executor of will or beneficiaries of an estate through the probate process, from identifying estate assets and beneficiaries to distributing assets and inheritances.

What does a probate lawyer do?

A probate lawyer has a number of different responsibilities to complete. Some of the most common duties a probate lawyer can be placed with to assist an executor and beneficiaries with during the probate process includes the following:

  • Getting appraisals for the decedent’s real property
  • Helping in the payment of bills and debts
  • Recognizing and securing estate assets
  • Gathering proceeds from life insurance policies
  • Preparing and filing all documents required by a probate court
  • Deciding if any estate or inheritance taxes are due, and making sure those debts are satisfied
  • Resolving income tax issues
  • Managing the estate checking account
  • Transferring assets in the decedent’s name to the appropriate beneficiaries
  • Creating a final disbursement of assets to beneficiaries after all bills and taxes have been paid

Is an estate attorney and a probate attorney the same?

A probate lawyer, also known as an estate attorney, is involved in a number of different ways relying on the individual factors of that estate. Their involvement will count on the value of the decedent’s assets and whether or not they had a last will and testament at the time they passed away. In instances where no will exists, beneficiaries file claims and pursue legal action for what they think they are authorized to receive. In the event that there is a will, challenges may arise as to the validity of the will, also causing potential litigation. To learn more, do not wait to reach out to our skilled Montgomery County estate planning attorney.

Contact our experienced Montgomery County, Maryland firm

The attorneys at JD Katz have years of experience compassionately guiding clients in Maryland through the estate planning and administration process. Our firm also has experience with matters of elder law, business law, tax law, and litigation. For a legal team that will put your needs first, contact JD Katz today.