What to Look for in a Probate Attorney

By: Michael Safren, Esq.

The probate process can be extremely overwhelming, especially because it comes at a time when you are already dealing with feelings of grief over the passing of a loved one.

Probate is the formal name for the court supervised administration of a deceased person’s estate.  It is a very formalistic process, governed by complex state laws, including who must receive notifications of the process, who is entitled to make claims against the assets of the estate as a creditor, how estate assets must be handled and administered, what assets must be accounted and distributed, and how the probate process itself must be concluded.  Many of these state laws have time components or specific language requirements that are easy to miss if one is not familiar and experience with these laws.

Establishing probate for a loved one is often the first time someone interacts with the court process.  Because probate is a complex process that is established by law, if you try and complete the probate process on your own, you may miss essential steps that could invalidate the work that you do.  Further, if you are acting as the Personal Representative or Administrator of the estate, you could be held personally liable for any violation of your fiduciary duties to the estate and its beneficiaries.

An attorney experienced in the probate process can be your guide through the process.  It often ends up costing a lot more in both time, effort, and money to correct errors in the probate process if is not done correctly from the beginning.  It is important to remember that you are not required to employ the attorney who drafted the Will.  You should select someone you trust to help manage the process.

When selecting a probate attorney, it is essential to find someone who is experienced in the probate process.  The probate process is a complex set of steps that is governed by state law.  It is essential that each step is completed according to the laws.  Missing any required steps can leave the estate open to claims from creditors and beneficiaries and subject the executor of the estate to personal liability.  An experienced probate attorney knows these steps, informs you of upcoming deadlines and next steps in the process, anticipates potential issues and challenges, builds strategies around the individual estate’s needs, and keeps up to date on any changes to laws or procedures so nothing is missed.

The probate process usually takes at least six to twelve (6- 12) months so you want to find someone you trust and enjoy working with.  At the Law Offices of Jenny Ling, PLLC, we are experienced in shepherding you through the probate process.  As you are dealing with feelings of loss and grief, we can be your trusted advisor to ensure that your loved one’s wishes are honored in the most timely way possible.

Contact Us if you have recently had a loved one pass away and need assistance in managing the estate.  

Michael Safren is a Partner at The Law Offices of Jenny Ling, PLLC.  His practice focuses on business, real estate, and civil litigation.