Probate process & the role of an Attorney

Probate may be difficult, unpleasant, and costly, especially after losing a loved one; navigating it alone may be overwhelming. An estate lawyer can help you through the legal system if you are an executor. A competent probate lawyer may oversee the full estate management procedure or advice on legal issues.

The main duties of a Probate Attorney:

The probate lawyer first files the probate petition to appoint a personal representative. A Probate attorney also handles all other court matters. He handles creditors’ claims and notifies creditors, heirs, beneficiaries, and those entitled to notice of the probate. He may also oppose a will’s executorships.

After completing all administrative duties, he prepares and submits a petition for ultimate distribution. This petition informs the court of the personal representative’s activities. Final petition accounts to heirs for assets and money received by the personal representative. Ultimately, the attorney petitions the court to appoint a personal representative and instruct them to divide the estate under the will.

Non-probate concerns that need legal attention include acquiring, receiving, or obtaining life insurance payments and dealing with annuity payments. If any property is owned in another state, the probate attorney may work with an auxiliary probate attorney.

Can a Paralegal handle a Probate?

No! A paralegal cannot manage probate or represent a client in court. To appear in court, one must be an attorney. In case if a person is unable to fill out forms, their representative must appear in court alone since the paralegal lacks a lawyer’s license.

Simply stated, laypeople don’t understand probate. It takes a long time. Non-lawyers might easily make mistakes or fail to provide adequate notice of a hearing on a petition, causing the action to be abandoned or prolonged. Repetition failure may result in the dismissal of the petition. The guy would have to start afresh. This is why attorneys are usually necessary for the probate procedure, although not legally.

During the probate procedure, one family or executor may need simple guidance from Illinois Probate Solutions, an experienced trust, and an estate planning Law Company.  Check https://illinoisprobatesolutions.com/2022/01/do-heirs-of-an-estate-need-an-attorney/ for further details.

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