Greenwald Realty Team • April 18, 2025
Probate is the legal process that happens after someone passes away. It’s how the court makes sure a person’s assets—like property, money, or personal belongings—are given to the right people, and any outstanding debts or taxes get paid.
If there’s a valid will, the probate court confirms it and gives permission for the named executor to start handling things. If there’s no will, the court appoints someone (often a close relative) to step in and manage the estate.
This process can be complicated, especially when real estate or significant financial assets are involved. So, why would you need a probate attorney? A probate attorney helps navigate the legal complexities, ensuring that everything is handled correctly and efficiently.
Probate might not be needed in every case—assets held in a trust or joint accounts with a right of survivorship often skip probate entirely. However, if probate is required, it can quickly become a maze of deadlines, paperwork, and court requirements—right when emotions are already running high.
Probate is the legal procedure that takes place following an individual’s death to ensure that their assets, such as property, monetary funds, and other belongings, are disbursed according to the will, or if there is no will drafted, in accordance with state regulations. It also includes paying any leftover debts and taxes.
Normally, probate is necessary when the estate of the deceased individual has certain assets that cannot be transferred automatically, like real estate property or various financial accounts. If a person had a living trust, however, probate is usually not necessary because assets held in the trust will pass directly to the beneficiaries without going through probate. Additionally, property held in joint ownership or assets with identified beneficiaries, such as life insurance, also generally do not go through probate.
An estate probate attorney provides guidance to executors or administrators during the legal proceedings of the estate, which includes filing, completing, and submitting all required court documents, forms and meeting deadlines.
They also assist with estate management, which includes distributing the assets as per the decedent’s will or state law. A probate attorney may also assist in settling creditor claims to ensure that proper settlement is made and give advice on how to deal with taxes. With their experience, they can streamline the process of probate and reduce the risk of potential legal complications.
Probate laws can be highly specific and vary significantly depending on the state, making the process a challenging and time-consuming task. These laws are often filled with legal jargon, strict timelines, and detailed requirements that can be difficult for someone without legal experience to navigate. Without professional guidance, it’s easy to miss critical steps, overlook important deadlines, or file paperwork incorrectly, leading to unnecessary delays and complications.
A probate attorney, however, is well-versed in the intricacies of local probate laws. They ensure that all required documents are completed accurately and submitted on time, which helps avoid costly mistakes and prevents delays in the legal process.
With their expertise, they can also guide you through the more complex aspects of probate, such as estate tax filings, court appearances, and the transfer of property, making the entire process more manageable and less stressful for the family.
Experiencing the loss of a family member is emotionally draining, and adding the stress of managing their estate can cause even more strain on family relationships. Common issues that occur during this period include disagreements on asset division and estate responsibilities, disputes regarding the will’s validity, or disagreements about who manages the estate. These legal battles can often elongate the probate process, severely complicating an already challenging period.
One of the key functions of a probate attorney is to provide professional mediation service during these emotionally charged disputes. Mediators provide order by solving legal disputes amicably, proving that, as with many conflicts, peace can be reached.
Using a neutral third party assists families in concentrating on the primary emotional effects of the situation, like grieving and providing support to one another instead of being consumed by the legal conflict. A skilled attorney is essential in ensuring harmony among the heirs while advancing the process devoid of major conflict.
Probate involves more than just distributing assets to heirs—it requires careful management of the estate’s debts, taxes, and financial obligations. Estate administrators are responsible for ensuring that all outstanding debts are paid, taxes are filed and paid accurately, and the estate’s financial affairs are handled in compliance with the law.
Any mismanagement during this process can lead to costly mistakes, such as paying off the wrong creditors, failing to file taxes on time, or mishandling the distribution of assets. These errors can erode the value of the estate or expose the estate to legal action.
A probate attorney helps manage these complex financial matters by ensuring that the estate’s debts and taxes are properly addressed. They can negotiate with creditors, file tax returns, and make sure that the assets are distributed according to the deceased’s wishes and in compliance with the law.
By taking care of these financial aspects, the attorney minimizes the risk of costly errors that could reduce the estate’s value or create problems for the beneficiaries down the road. Their support ensures that the estate’s assets are preserved and distributed in the most efficient and legal manner possible.
A person’s estate goes through intestate succession when they die without leaving behind a will. This means the state’s intestacy laws determine who inherits what, which can be problematic, especially where family relationships are complex.
A probate lawyer is needed in such scenarios. They assist the family by making certain that the estate is properly administered within the family framework and according to the law. Also, the lawyer can assist in identifying a court-appointed administrator (usually a close relative) who will manage the estate. Legal help simplifies the process of asset division, thus reducing potential disputes among family members.
In case the deceased has existing debts or taxes, settling them is important. Creditors will generally file claims against the deceased’s estate, which cannot be settled like other debts, such as credit cards and loans. Taking care of these obligations improperly can result in serious credit-related repercussions like penalties, late fees, or even lawsuits from lenders. This is why every estate needs a probate attorney who pays these types of debts in their correct succession.
This lawyer will also make sure that tax returns for the decedent’s estate are filed on time and appropriately so the estate does not incur more expense than necessary. A legal practitioner can help the estate with filing IRS estate taxes and negotiating with creditors so they don’t face difficulties in the future.
When family members contest a will, it often leads to an emotional and costly legal struggle. Whether it is because somebody doesn’t think they’ve gotten a fair share, there is a misunderstanding involved, or there is a debate on whether the will is legitimate or not, an inheritance dispute on these grounds can last for several years.
A probate lawyer is essential in resolving these issues because, to some degree, a compromise can be found to help the family settle without going to court. If court proceedings are unavoidable, a probate lawyer provides litigation support in case the will has to be defended or the intentions of the deceased articulated.
Their responsibility is to see that the will, as equally loyal to the dead and living relatives, is invoked—albeit the complicated family relations embroil legal relations. Still, potential psychological damage to family members is minimized because an attorney serves as a neutral intermediary in the emotional storm.
Source: FindLaw
In many probate matters, real estate forms a big part of the estate. The family home or several properties could be included, which makes their processing much more difficult. In this area, Greenwald Realty and other legal professionals work together with probate attorneys.
Selling a property through probate is a complex task that can’t be done by simply listing the property. In many cases, the sale goes under judicial scrutiny, particularly when there are several heirs or the sale price must be set within certain parameters. Probate lawyers streamline this process by submitting the appropriate legal documents to the court and executing all procedural obligations. This includes approvals and confirmations within the sales structured processes, which are sometimes bound by time.
Families can expedite the selling process with the assistance of an estate probate attorney who specializes in properties within the probate process, like those at Greenwald Realty. Real estate specialists provide insights on market conditions and property prices, while the probate lawyer takes care of all legal matters related to the payment divisions.
This approach is more effective for families. Legal and real estate matters are handled simultaneously in a more coordinated manner, alleviating tension around difficult periods. The coordinated effort between an estate attorney and probate lawyers enables families to perform all required actions to ensure that the entire process is done within regulations while protecting against unwanted risks.
The probate process is a legal procedure that often necessitates the use of a professional. Under some circumstances, however, some people may wonder whether it is possible to do it alone. Below, you can find the pros and cons of handling probate yourself.
In certain cases, DIY probate may be possible:
While it may seem tempting to handle probate alone, the legal risks often outweigh the savings. Even for small estates, a probate attorney can help ensure that everything is done correctly, avoiding potential issues down the road. The complexity of probate may surprise you, and errors can lead to unintended consequences.
Source: Empathy
Choosing the right probate attorney can make all the difference in ensuring that the process goes smoothly and efficiently. Here are some key things to consider:
Not all attorneys specialize in probate law, so it’s crucial to find one who regularly handles estate, trust, and probate cases. Here’s why it matters:
Effective communication is critical during the probate process, especially when emotions are high. Here’s what to look for in an attorney:
When choosing a probate attorney, client reviews and referrals can provide invaluable insight into their trustworthiness and effectiveness. Here’s how you can evaluate their reputation:
So why would you need a probate attorney? While probate is tedious and stressful, the right attorney can mitigate stress during this trying time. An experienced attorney can assist in the legal procedure and court filings, taking the burden of properly managing the estate off your shoulders during a painful time.
Assemble a trustworthy team. Alongside your probate attorney, real estate experts, such as Greenwald Realty, can help efficiently manage and auction off property, greatly streamlining the process and aiding in compliance with court procedures. We have real estate and legal experts who ensure that all aspects of asset liquidation and distribution, including property sales, are conducted in a compliant manner.
Contact Greenwald Realty if you are currently dealing with probate and require assistance selling a house. We are more than willing to help navigate the challenges associated with selling a house during probate and offer support throughout the entire process.
Why would you need a probate attorney? A probate attorney can provide essential help in managing the complex legal requirements that come with settling a deceased person’s estate. Why would you need a probate attorney? If the estate involves significant assets, real estate, or financial complexities, a probate attorney ensures that all legal procedures, filings, and deadlines are met.
Probate is the legal assessment of a deceased person’s estate with aspects like ensuring that the debts the estate owes are paid in full, assets are distributed according to the will (or state law if there’s no will), and everything is handled according to legal requirements.
For small estates, you can manage probate on your own without too much challenge, but it still makes sense to bring on a probate lawyer. A lawyer can guarantee compliance with specific regulations such as state laws, legal documents, creditor claims, as well as disagreements among parties. Their specialized knowledge can avert expensive delays or mistakes in the process.
The probate process can take several months or up to a year or longer, depending on the estate’s intricacy. Other factors that may prolong the process include the estate’s value, the number of beneficiaries, and the presence of more than one claimant. With the necessary legal aid, speedier outcomes without unnecessary delays are possible.
Probate attorneys frequently collaborate with realtor agents to assist with the management and selling of property during the probate period. The court’s approval may be required in some instances, and a probate attorney will facilitate acceptance within the bounds of compliance. They consult with an estate planning attorney to ensure that transactions are completed seamlessly and that the profits are properly allocated.
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