Probate refers to the process required to confirm a will’s legal validity. When an individual passes away, the executor of the will is responsible for notifying the probate courts and ensuring this procedure is correctly carried out. If you have been named an executor, you will likely want a probate lawyer to handle this—find out why below. 

Why You Need An Attorney

The probate process is complicated and can take months to complete. After the executor submits the will for probate, the courts first check that the document is legally binding. For instance, does it have the minimum number of witness signatures required? 

The executor also needs to publish a notice of the deceased’s passing. Creditors then have the opportunity to step forward and make a claim for any money they are due. The courts ensure debts related to the estate as well as relevant taxes are paid, and only after this is done can beneficiaries be awarded their inheritance as outlined in the will.

Probate can get more complicated if people step forward to contest the will—this is a publicly accessible document, so anyone can read it. Unfortunately, it does happen that family members disagree about asset distribution and suggest that the document doesn’t accurately reflect the deceased’s wishes.

How to Find the Right Probate Lawyer

A lawyer will know all of the steps needed to make probate move as efficiently as possible. If issues arise, like someone contesting the will, you will already have an attorney to deal with the situation. For executors without a legal background, having a professional on-hand can be a huge relief.

Look for attorneys with experience in estate planning or probate and find out how many cases they’ve handled.  Finally, inquire regarding fees. These can usually be paid out of the estate directly.

The Law Office of W. Randall Holcomb provides residents of Greensboro, NC, with trustworthy legal counsel in an array of practice areas. Whether you need a contract lawyer or require assistance in business litigation or start-up law, they can help. They bring a personalized touch to every case they handle, providing a detail-oriented approach and communicating with you directly at each step. Find out more about their estate planning work online. For an appointment with a probate lawyer, call (336) 888-8760.