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What does your probate lawyer do? At Probate Law Group, your probate attorney does a lot of things. When you hire Probate Law Group, you hire a team of attorneys fit to care for your probate needs. This often includes an initial post-death administration conference. During the conference, your probate attorney or probate team gathers helpful information for your case as follows: Information about each of the family members; understanding of the size and value of the estate of the Decedent; information regarding the decedent’s advisors.

Your probate attorney also determines potential problems and draws a diagram of possible solutions.

Your Probate Attorney Drafts and Files Probate Documents

Once you have retained your probate lawyer, the team puts together the court documents. The following list applies to informal probate:

  1. Probate Cover Sheet

  2. Application for Probate of Will and Appointment of Personal Representative

  3. Letters of Appointment and Acceptance of Personal Representative

  4. Waiver of Bond

  5. Consent to Appointment

  6. Notice to Creditors (published according to law)

  7. Notice to Heirs

  8. Proof of Notice

  9. Notice of Assumption of Duties in a Fiduciary Capacity

  10. Accounting or Waiver of Accounting and Family Settlement Agreement

  11. Inventory of the Estate

  12. Closing Statement

While the Probate Court typically requires these documents, your probate lawyer must do other work in addition to writing these documents. Many of them must be signed by the Decedent’s family members.

If a formal probate is required, your probate lawyer will handle the necessary Court appearances and hearings. Additional Court filings may also be necessary.

Other Related Probate Documents and Services

Your probate attorney will work closely with the Personal Representative to ensure document preparation is complete. Additionally, other documents like deeds for real property, stock transfers, and assignments of LLC memberships may be required.

Your probate lawyer may also negotiate with creditors of the estate. Also, family members and other claimants may need persuading when it comes to a Family Settlement Agreement. In this also, your probate attorney can help.

Although not always necessary, appraisers and business valuators may need to provide independent analyses. So, it would be helpful for your probate lawyer to be well connected. Probate Law Group works with several other trusted professionals to get the job done. Of course, only if it’s necessary to engage these services to properly administer the estate. From time to time, a private investigator may also be helpful with an asset search or a search for a “missing” person.

Estate Taxes

At Probate Law Group, we handle post-death tax planning in a conference with family members and advisors. We can coordinate with tax advisors if necessary to prepare applicable tax returns.

If this sounds like a lot, it can be. The team of attorneys at Probate Law Group handles these both simple and challenging cases on a daily basis. If you feel overwhelmed from being named in a Will as the Personal Representative (executor) of your family’s estate, please give us a call at 480.535.8000. The initial consultation is free. We would be glad to help you.

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