Whether or not you hire a probate attorney as executor of a will is up to you, but there are certainly many stories out there that would convince people it’s necessary. Of course, there isn’t always a will involved for various reasons, which means a probate lawyer would then be a necessity for sure. Many will tell you that a probate lawyer isn’t needed for every family and every situation, but there are so many times when hiring one would have saved everyone a whole lot of trouble.
Sometimes there are also problems that arise when it comes to wills, and this can mean that there are people involved with differing opinions as well. There have been fraudulent wills and all kinds of claims, and banks generally aren’t going to release funds that haven’t been probated because of all the problems that can arise.
There are many other situations in which hiring a probate attorney would be absolutely necessary. For example, say that the estate and all assets involved were owned by a single person, the person that is now deceased. This is a common situation, showing again why having a probate lawyer involved is quite common.
Sometimes, too, there is no will and no beneficiaries therefore named in a will. This is yet another situation in which probate would be required. Each state has different laws surrounding the probate process, so this is something else that people must be aware of when moving forward with the distribution of an estate.
Many people wan to inquire about whether probate can be avoided if the estate in question is small. You would want to take a look at your state’s summary procedures, and one thing you’ll want to take notice of is the amount of money that is considered to be a ‘smaller estate.’ It could be as little as 5,000 dollars, but it can also be much more than that.
One way that probate can be avoided entirely is to have all assets transferred to another person prior to a person’s death. Naturally, this requires a situation in which someone is anticipating their own death, which doesn’t always happen of course.
One way to take care of matters this way without having to anticipate one’s own death is to allow joint ownership of property and assets prior to your death. A person can also think in terms of gifts to help people avoid probate and to think also about avoiding taxes when it comes to these situations. So while probate is often necessary based on laws that get really specific, there are also many loopholes where people are able to avoid the hassle of hiring a probate lawyer and dragging out the process.
Remember that simply having a will isn’t going to solve the problem. It is important for people to know the ins and outs of probate laws in their state if they want their estate to be handled the way they choose. Not doing so can cause all kinds of complications and problems.