This is the attorney you would hire to administer the last will and testament of a deceased person. They will also help guide heirs through the probate process in court, which is when a person files a probate petition. This is the process to determine if the will left by the decedent is valid. In the probate process, the assets left by the deceased are distributed to pay the bills and what is left is divided among the heirs as established in the will. The probate attorney will help the heirs through the legal process, including filing the necessary pleadings and motions. If the will is contested by the heirs, they will present arguments to the court as to why it is contested. If the court has any questions about the validity of the will, it will answer your questions.
Although this is not necessary for them to do so, they will sometimes be the executor of the will, especially if the decedent has named you as the executor of their estate. When he is the executor of the will, he will manage the distribution of the assets left by the deceased. Some of his duties may be helpful in changing the title of some property. It can also be helpful to move assets to the name of the person who inherited the items. The probate attorney is also responsible for making sure that all funds are accounted for along with the tax aspect of the will and estate. When the probate attorney is the executor of a will, he or she is usually paid a nominal fee, which could be a percentage based on a percentage of the estate or a flat fee. It is a fee that is independent of the preparation of the will.
To become a probate attorney, you must first have a bachelor’s degree and graduate from law school, which can take up to ten years. Before you can apply to take the bar exam, you must have acquired a specific number of hours of work experience for a law firm. Each state has a specific number of hours. Once you have met this requirement, you can take the bar exam.
As an added bonus, you must have good interview skills. When discussing any request to change a will or creating a will, having oral communication and persuasion skills can be very helpful. When starting out as probate attorneys, many will work as junior attorneys for a law firm that handles probate work. They will be in charge of reviewing the wills, carrying out the procedures that imply the execution of an estate and complying with the requests for change. They will also learn how surrogate court works.