The Role of a Probate Attorney in Estate Settlement

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When a person passes away, their assets and liabilities become their estate. The process of distributing these assets to beneficiaries is known as estate settlement or probate. A probate attorney savannah plays a vital role in this process, ensuring that the deceased person's wishes are carried out, and their estate is settled according to the law. Here is a closer look at the role of a probate attorney in estate settlement:



Initiate Probate Proceedings

When a person passes away, their will must be validated through probate proceedings. A probate attorney can assist the executor of the estate in filing the necessary paperwork to initiate the probate process. They will also work to ensure that the probate court has all the necessary documents to determine the validity of the will.

Guide the Executor

The executor of an estate has a significant responsibility to ensure that the deceased person's wishes are carried out. A probate attorney can guide the executor through the complex legal process of settling the estate, ensuring that they fulfill their obligations correctly. This includes guiding the executor on how to distribute assets, pay off debts and taxes, and manage any claims made against the estate.

Locate and Value Assets

A probate attorney can assist in locating all of the deceased person's assets, including bank accounts, stocks, real estate, and personal property. They will also work to ensure that these assets are correctly valued for the purposes of distributing them to beneficiaries. An attorney can help ensure that all assets are properly accounted for, and that there are no undisclosed assets or liabilities that could affect the distribution of the estate.

Manage the Estate's Debts

A probate attorney can help manage the deceased person's debts, ensuring that they are paid off in accordance with the law. This includes working with creditors to resolve any claims they may have against the estate. An attorney can also help the executor manage the estate's taxes, including filing any necessary tax returns and ensuring that taxes are paid in a timely fashion.

Resolve Disputes

Estate disputes can arise when beneficiaries or other parties challenge the validity of a will or claim that they are entitled to a share of the estate. A probate attorney can help resolve these disputes, either through negotiation or litigation. An attorney can also help mediate disputes between beneficiaries or other parties to ensure that the estate is settled in a fair and equitable manner.

Represent the Executor in Court

If disputes arise during the probate process, a probate attorney can represent the executor in court. This may involve appearing in front of a judge to defend the validity of the will or to dispute a claim made against the estate. An attorney can provide the executor with legal advice and guidance throughout the court proceedings, ensuring that their interests are protected.

Distribute the Estate

Once all of the estate's debts have been paid off, and any disputes have been resolved, a probate attorney can assist the executor in distributing the remaining assets to the beneficiaries. This includes ensuring that all beneficiaries receive their fair share of the estate in accordance with the will.

Overall, a probate attorney plays a critical role in the estate settlement process. From initiating probate proceedings to resolving disputes and distributing assets, an attorney can provide valuable guidance and support to the executor of the estate. If you are an executor of an estate, or if you need assistance settling an estate, consider working with a probate attorney to ensure that the process is handled smoothly and efficiently. 

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