Greenwald Realty Team • March 28, 2025
A probate lawyer is an attorney who helps settle the estate of someone who has passed away. They work with executors, beneficiaries, and the court to ensure that assets are distributed correctly and debts are resolved. Their role is particularly important when a will is unclear and contested or when the estate involves significant assets like real estate.
Without proper legal guidance, probate can become a long and stressful process filled with paperwork, legal filings, and potential disputes among heirs.
The Greenwald Realty Team plays a vital role in probate real estate transactions, assisting families in selling inherited properties with minimal complications. Many beneficiaries face challenges in managing or selling estate-owned homes, particularly when multiple heirs are involved. Our team helps navigate court approvals, coordinates property appraisals, and ensures the home is sold for a fair market value, easing the burden on families already dealing with loss.
Want more probate? Check out Episode 46 of our podcast about the evolution of trusts.
What Is a Probate Lawyer? A probate lawyer is one who manages and processes the legal affairs connected to a person’s death, ensuring that the estate of the deceased is managed according to the law. Their work is contingent on whether or not the deceased left behind a will. When there is a will, the probate lawyer assists the executor in filing the will with the court, validating it, and making sure that it is followed. If there is no will, then the lawyer assists the family in going through the intestate process, where the state determines who gets what.
Apart from distributing the assets, probate lawyers take care of filing legal documents, settling debts and taxes, and representing clients in court in case of a dispute. They also assist in completing the difficult legal processes involved and make sure that all documents are properly filed. Without this legal aid, probate can be a daunting undertaking for families that are grieving, which ultimately leads to undue conflicts and delays.
One of the most common reasons people seek a probate lawyer is estate succession. Without a will, state laws determine inheritance, which may not reflect the deceased’s wishes. Navigating these legal requirements is time-consuming and requires court approval. Probate lawyers ensure assets are distributed correctly according to the law.
An estate planning attorney can help avoid probate disputes by ensuring a clear, legally binding plan is in place. They assist with drafting wills, setting up trusts, and protecting assets to minimize conflicts among heirs.
Even when a will exists, disagreements can arise. Family members may challenge the will’s authenticity, claim exclusion, or dispute estate control. A probate lawyer offers an unbiased perspective, helping to resolve disputes and represent clients in court if needed.
If the deceased owned property, probate can become even more complex. Title transfers require legal steps, and disagreements among heirs can create additional challenges. Probate lawyers work with real estate experts—like the Greenwald Realty Team—to handle appraisals, title changes, and property sales efficiently.
Before distributing assets, outstanding debts and taxes must be settled. A probate lawyer ensures fair payments to creditors while protecting the estate from unnecessary financial losses.
Probate becomes even more complicated when the deceased owned property in different states or countries. Each jurisdiction has its own legal requirements, and missing paperwork can cause delays. A probate lawyer ensures compliance with all legal processes to prevent setbacks.
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Not all assets are subject to probate. Knowing the probate and non-probate variety enables families to better allocate the assets in their estate.
Assets that are known to be the sole possessions of the deceased and are subject to a court process for distribution are probate assets. Such assets include personal items, real estate, vehicles, and bank accounts where there are no beneficiaries. The legal system manages the distribution of such assets with the assurance that their debts will be settled.
Non-probate assets transfer directly to beneficiaries and do not go through court. These assets consist of life insurance policies, retirement accounts with designated beneficiaries, jointly owned property with a survivorship clause, and bank accounts that are payable-on-death (POD) or transfer-on-death (TOD). Since such assets come with set instructions that eliminate the need for distribution, there is no requirement for a court order, making the whole transfer process easy and quick.
Whether an estate is large or small, probate lawyers play a key role in guiding families through the legal complexities that follow a loved one’s passing. Their expertise ensures that assets are properly handled, disputes are resolved, and families can focus on healing rather than legal battles.
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A probate lawyer plays a vital role in managing the legal and administrative aspects of an estate after someone’s passing. Their work ensures that the deceased’s assets are distributed according to the law, outstanding debts are resolved, and disputes among beneficiaries are handled effectively. Whether an estate follows a clear will or lacks formal documentation, probate lawyers provide the legal expertise needed to navigate the process smoothly.
One of the primary responsibilities of a probate lawyer is guiding executors through the estate administration process. When a will exists, the lawyer ensures its instructions are carried out correctly. This includes identifying assets, settling outstanding debts, and ensuring beneficiaries receive their rightful inheritances.
Transferring assets to beneficiaries requires a legal process that varies based on the estate’s complexity. Some assets, such as real estate, require formal title changes and legal documentation before they can be transferred. The probate lawyer ensures all necessary paperwork is completed and filed with the court to avoid delays.
If the deceased did not leave a will, the estate must go through intestate succession, meaning state laws determine asset distribution. In these cases, a probate lawyer helps the family understand their legal rights and ensures the correct legal process is followed. Without legal guidance, executors and heirs may face unnecessary complications, delays, and potential disputes.
The probate court oversees the administration of an estate, and a probate lawyer plays a crucial role in navigating these legal complexities. The process typically begins with filing a petition to open probate, after which the court formally appoints an executor or administrator.
Throughout the probate process, the lawyer ensures that all legal requirements are met. They prepare and file necessary documents, notify creditors, and respond to any legal challenges that arise. If the estate is particularly complex, involving business assets, multiple properties, or contested claims, probate court proceedings can become lengthy and require extensive legal work.
A probate lawyer also represents clients during hearings, ensuring executors and beneficiaries understand their rights and responsibilities. In some cases, heirs may challenge the validity of a will or raise concerns about the executor’s handling of the estate. The lawyer provides legal defense, presents evidence, and argues on behalf of the client to ensure a fair resolution.
Family disagreements often arise during probate, especially when multiple heirs have conflicting interests. A probate lawyer helps prevent and resolve disputes by ensuring the legal process is followed and that all parties understand their rights.
Will contests are among the most common probate disputes. Heirs may challenge a will on the grounds of undue influence, fraud, or lack of mental capacity at the time it was created. Probate lawyers assess the validity of these claims and present evidence to the court, either defending the will or advocating for rightful beneficiaries.
Conflicts among beneficiaries can also stem from unclear language in a will, unequal asset distribution, or disputes over estate management. In these cases, a probate lawyer mediates discussions, negotiates settlements, and, if necessary, represents their client in court to ensure a fair outcome.
By handling disputes efficiently, probate lawyers help prevent prolonged legal battles, preserving both family relationships and the estate’s value.
A probate lawyer plays a critical role in ensuring that an estate’s financial obligations are settled before assets are distributed to beneficiaries. When someone passes away, their outstanding debts and tax liabilities do not simply disappear. Creditors, the IRS, and state tax authorities must be addressed to prevent legal and financial complications.
One of the first steps a probate lawyer takes is identifying all existing debts, including mortgages, personal loans, medical bills, and credit card balances. They notify creditors of the person’s passing and ensure debts are either settled from estate funds or legally discharged. This process prevents creditors from pursuing heirs for unpaid balances.
Estate taxes can further complicate probate, especially for larger estates. If federal or state estate taxes apply, the probate lawyer ensures that tax returns are filed correctly and any owed amounts are paid from estate assets.
Failing to address these tax obligations can lead to penalties, legal disputes, and, in some cases, the forced sale of estate property to cover outstanding liabilities. A probate lawyer ensures all tax and debt matters are handled in compliance with the law, protecting the interests of the estate and its beneficiaries.
You don’t always need a lawyer to settle an estate; however, there are some scenarios where a probate lawyer becomes a necessity. Certain legal issues can escalate into stressful, lengthy endeavors without proper legal assistance. Below are a few situations where you should seek the help of a probate attorney.
Finding a probate attorney in these situations helps in meeting legal timelines, solving complications, and settling the estate in the easiest manner possible.
Inherited properties come with their own set of legal and financial issues, especially while selling them during probate. Unlike a normal residential sale, probate real estate transactions require strict court procedures, which means approvals need to be obtained before an estate can be sold or passed on to heirs.
A probate attorney will make sure that all legal procedures are handled on time in order to avoid any delays that could harm the estate’s value.
One of the biggest hurdles a probate lawyer will face when selling real estate through probate is clearing the title. Nearly impossible to sell with an unclear title, estates with unresolved liens, debts, and ownership disputes usually require a probate attorney to step in and resolve issues before the estate can be sold. Without clear titles, potential buyers will be turned away, and the property will sit on the market.
Dividing assets also complicates selling homes that were inherited. When three or more heirs own a single house, the question of whether to sell it becomes contested. Some heirs may want to sell off their shares, while the rest may want to keep the property. To come to a consensus, a probate attorney steps in to ensure all parties are properly represented.
In addition, before a sale can go through, probate courts typically require formal consent. This covers obtaining the property’s appraisal, confirming its fair market value, and ensuring all stakeholders accept the terms. Without a probate attorney supervising this process, court documents can overwhelm the executors and cause needless hold-ups.
The Greenwald Realty Team’s experienced agents work closely with probate lawyers to help with property sales and purchases. We do everything from property appraisals, listing the property for sale and managing the entire process of selling the property while meeting all necessary probate court requirements. With legal counsel and real estate expertise, families can easily sell their inherited properties efficiently, maximizing their value while reducing stress.
| Aspect | Probate Lawyer | Estate Planning Attorney |
| Primary Role | Manages the legal process after someone passes away. | Helps individuals plan asset distribution before passing. |
| Key Responsibilities | Handles probate court proceedings, will executions, and estate distribution. | Draft wills, trusts, and power of attorney documents. |
| When Needed? | After a person’s death to navigate probate and legal issues. | Before death to ensure assets are protected and legally structured. |
| Legal Process Involvement | Works with probate courts to resolve estate matters. | Helps avoid probate by setting up trusts and legal structures. |
| Real Estate Role | Assists in selling or transferring inherited properties during probate. | Helps create plans for passing down real estate smoothly. |
| Common Clients | Executors, heirs, and beneficiaries handling a deceased person’s estate. | Individuals and families preparing for future asset distribution. |
| Goal | Ensure legal compliance in asset distribution and debt settlement. | Minimize estate taxes and probate complexities for future beneficiaries. |
Choosing the right probate lawyer can make a significant difference in how smoothly the estate process unfolds. Because probate can be a legal, financial, and, at times, emotional process, having an attorney on your side simplifies the steps you need to manage. Here are some important things to remember when looking for a probate attorney.
Not every attorney specializes in probate law, and because of this, you need to find one who has dealt with estate settlements, probate court, and real estate transactions. A lawyer who handles probate matters will know the governing laws and requirements of the relevant court that greatly assist in the minimization of unnecessary delays and legal problems.
Before hiring a probate lawyer, it’s important to ask key questions to assess their expertise and ensure they fit your needs:
Their answers will give you a clear idea of their experience and how well they can manage your specific situation.
Consider Their Communication Style: Probate can be a lengthy process, often taking months or even years to complete. You want a lawyer who communicates clearly, keeps you informed, and answers questions promptly. If a probate or trust attorney seems difficult to reach or doesn’t explain legal matters in simple terms, it may lead to added stress during an already challenging time.
Seek Referrals and Read Reviews: Recommendations from friends, family, or real estate professionals can help you find a trusted probate lawyer. Online reviews and testimonials also provide insights into their reputation and how they handle cases.
Consult the Greenwald Realty Team for Probate Assistance: If your probate process involves real estate, working with a lawyer who understands property sales is crucial. The Greenwald Realty Team has extensive experience in probate real estate transactions, working closely with attorneys to ensure seamless property sales and asset management. Our team can connect you with reputable probate lawyers who specialize in estate matters, giving you the legal and real estate support you need.
Probate lawyers play a vital role in estate management, ensuring that assets are distributed correctly, debts and taxes are settled, and any disputes are resolved efficiently. Whether you’re handling a straightforward estate or navigating a complex situation with multiple heirs and properties, professional legal guidance can prevent costly mistakes and lengthy delays.
For deeper insights into estate planning and trusts, check out this expert discussion on The Ron Greenwald Show and watch this video covering key probate considerations.
If you’re dealing with a probate estate—especially one involving real estate—it’s essential to work with experts who understand both the legal and financial aspects of the process. Need help with probate real estate? Contact the Greenwald Realty Team today for expert guidance!
So what is a probate lawyer? A probate lawyer helps executors and beneficiaries legally settle an estate after a person dies. Their duties include verifying the will, filing with the probate court, paying out the estate’s debts and taxes, and overseeing the distribution of assets. They also help with real estate transactions, assist in litigating probate issues, and offer family members aid during the probate process, which is often tedious and confusing.
Yes, because more often than not, probate is mandatory to effectively transfer an asset’s ownership, even if a will exists. A probate lawyer makes sure the will is honored accurately, deals with all the court paperwork, litigates claims to defend the will from challenge, and pays off any outstanding debts or taxes. It is very helpful to have a lawyer if the estate has real estate or if there are many heirs to the estate.
On average, probate can span anywhere from a couple of months to over a year. The duration of probate greatly depends on the estate’s complexity, whether any disputes arise, and how fast the necessary paperwork is processed. Some complicated estates having contested wills, consolidation of multiple properties, and tax matters take longer.
Of course, a probate lawyer makes certain that legal safeguards are in place when selling inherited property. These safeguards include the resolution of title issues, court clearance, and ownership disputes, as well as the proper transfer of the property to the buyers. The Greenwald Realty Team collaborates with probate lawyers so that families are empowered to sell the real estate and optimize value for the families’ loved ones.
In the absence of a will, a person’s estate goes into intestate probate; this is governed by state law, which determines how a person’s property is passed on to their descendants and lineage. A probate lawyer specializes in helping the family track the process and ensures assets are fully listed, debts are honored, and the remaining balance is appropriately divided among the family according to the required law.
Want more probate? Check out Episode 46 of our podcast about the evolution of trusts.
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