When someone passes away, their loved ones are often left with a combination of grief and the often confusing, complex task of managing their deceased estate. This process, known as Probate, can be daunting, filled with legalities, deadlines, and financial intricacies. That’s where probate court lawyers and attorneys come in – acting as your guide through the Probate maze.
Probate is a legal process in which a deceased person’s debts are paid, and their assets are distributed to beneficiaries named in the will. Provided the deceased person had a will, a Grant of Probate must be obtained, and if there is no will, then Letters of Administration must be sought.
The Role of a Probate Lawyer
What exactly does a Probate lawyer do, and how can they help you with your loved one’s deceased estate? Let’s delve into the world of Probate and explore the valuable role played by a Probate lawyer.
Stepping Into the Process to Navigate the Probate Maze
The Probate process itself involves numerous steps, legal processes and requirements, and a probate lawyer can assist to:
Organise the Estate’s Inventory:
A Probate attorney can and should identify and value all assets and liabilities belonging to the deceased as a crucial first step.
Locate and Validate a Will:
If a will exists, a Probate lawyer ensures its legal validity and interprets its provisions.
Apply for a Grant of Probate:
This is a court order that gives the executor (the person responsible for managing the estate) the legal authority to handle the estate’s affairs.
Pay the Estate’s Debts and Taxes:
Your Probate lawyer should settle all outstanding debts, including estate income taxes (there are no inheritance taxes in Australia), before distributing assets.
Manage and Distribute Assets:
Ensure personal and property appraisals are carried out, and valued, and the assets are distributed according to the will or intestacy laws to you and your family members.
Deal with Life Insurance Policies and Superannuation:
The Probate lawyer should navigate the claims process and distribute these benefits as per the policy or fund directives.
Handle Family Provision Claims and Other Disputes:
Probate lawyers can resolve any conflicts that may arise between beneficiaries or other parties involved in the distribution of deceased estate assets.
Lawyers, Solicitors and Attorneys in Australia
Let’s clear up some legal jargon. In Australia, the term ‘lawyer’ means someone who has been admitted to the legal profession as a solicitor or barrister. While the term ‘lawyer’ describes solicitors and barristers, they are both different species in practice. A solicitor can prepare documentation and advise clients, contrasted with barristers who are experts in preparing cases for trial and advocacy.
So, barristers appear before a judge in a court of law and present their client’s case (solicitors can do this too but barristers are typically hired to present complex cases.) ‘Attorney’ is not common in Australian legal terminology where we use the term ‘solicitor’ instead, to delineate them from barristers. ‘Attorney’ has crept into the lexicon of late due to its common use in American legal language.
Choosing a Probate Lawyer
While dealing with the emotional impact of loss, navigating the intricacies of Probate and estate law can be overwhelming. The Probate lawyers at the Wills and Estates Helpline offer invaluable expertise and support throughout the process. Our lawyers possess in-depth legal knowledge and experience and a thorough understanding of all aspects of Probate law, ensuring compliance with legal requirements and minimising risks.
What Else Do Probate Lawyers Do?
A good estate planning attorney must provide clear explanations of complex procedures and represent you in the Supreme Court if necessary. They should also help minimise estate and income taxes through strategic planning and deductions.
The other areas involved are dispute resolution, time-saving, and efficiency. Our lawyers negotiate effectively, advocate for your interests in case of disagreements, and handle the heavy lifting, saving you time and emotional stress.
How to Choose the Right Probate Lawyer
Choosing the right estate planning lawyer to help you navigate the Grant of Probate process is crucial. Ask for advice from trusted people, and research their recommended lawyer’s, experience and qualifications. When you’ve chosen one you think might be a good fit, call to book an appointment to find a Probate lawyer you feel comfortable working with.
There are Probate lawyers, such as those at the Wills and Estates Helpline, who specialise in legal estate cases where beneficiaries challenge a will’s validity. These lawyers are known as estate litigators, trust and estate litigators or Probate litigators.
Questions To Ask a Prospective Probate Lawyer
When selecting a probate lawyer, you should ensure that you choose one you are happy with. You could consider asking questions such as:
- Is probate what you regularly do?
- Have you been practising probate law for a long time?
- Have you had experience with cases similar to mine?
- What are the potential issues you believe might crop up?
- How long, in your opinion, will my case take to resolve?
- What do you charge for your Probate services?
Reach Out to The Wills and Estate Helpline Today
Probate can be a challenging ordeal, but with the guidance of a qualified Probate court lawyer, you can navigate it with confidence and clarity. Call the Wills and Estates Helpline so we can help you ensure your loved one’s wishes are respected, your legal obligations are met, and the estate administration is settled fairly and efficiently. We are “No Win No Fee Contesting Wills Lawyers.”
So, if you need a Probate lawyer, remember, when navigating the complexities of a deceased estate, a talented and experienced Probate lawyer can be your invaluable partner in navigating the maze. Contact us here.
