Navigating the Complexities of Probate: A Guide to Hiring a Probate Attorney

A probate attorney is a legal professional who specializes in handling legal matters related to the distribution of an individual's assets after their death. They are responsible for managing the process of probate, which is the court-supervised legal process of administering and distributing an individual's estate.

Responsibilities of a Probate Attorney

The main responsibility of a probate attorney is to ensure that the deceased person's wishes are carried out according to their will, trust, or state laws. This includes:

  • Identifying and gathering all assets owned by the deceased individual.
  • Paying any outstanding debts or taxes on behalf of the estate.
  • Distributing the remaining assets to beneficiaries as outlined in the will or under state law.
  • Handling any potential disputes or legal challenges to the will.
  • Managing the probate process and submitting all necessary documents to the court.

In addition to these duties, a probate attorney may also provide guidance and advice to their clients on estate planning and setting up trusts to avoid the probate process altogether.

Why Hire a Probate Attorney?

There are several reasons why hiring a probate attorney is beneficial when dealing with the distribution of an individual's assets after their death. Some of these include:

Knowledge and Expertise

Probate attorneys have extensive knowledge of state laws and procedures surrounding the probate process, making them invaluable in navigating the legal complexities.

Dealing with Potential Disputes

In some cases, there may be disputes or challenges to the will, which can be emotionally and financially draining for family members. A probate attorney can provide objective guidance and representation in these situations.

Saving Time and Stress

The probate process can be lengthy and complicated, requiring a lot of paperwork and court appearances. Hiring a probate attorney can alleviate this burden and allow you to focus on grieving and other important matters.


While it may seem counterintuitive to hire a lawyer when dealing with the distribution of assets, in the long run, hiring a probate attorney can save you time and money by avoiding potential legal issues or mistakes.

How to Choose the Right Probate Attorney

When choosing a probate attorney, it's essential to find someone who is experienced, knowledgeable, and trustworthy. Consider asking for recommendations from family or friends who have been through the probate process, or consult with a trusted estate planning attorney for referrals.

Additionally, be sure to meet with potential attorneys for a consultation to get a sense of their approach and expertise. It's crucial to feel comfortable and confident in your chosen probate attorney as they will be handling sensitive and important matters for you and your family.

For more info, contact a local company like Mastrianni & Seguljic LLC.