Worry-free probate starts here.

While completing the probate process on your own is entirely possible, there are times when you’ll want to lean on legal professionals to assist you. A probate attorney is a licensed lawyer who specializes in assisting executors or beneficiaries as they navigate the probate process and work to settle an estate.

Working with a probate attorney may become the right decision depending on a number of factors. For instance, how complicated are your state laws? What is the size of the estate, and what types of assets does it include? How complicated are these assets and beneficiary designations? Is there any contention amongst beneficiaries and heirs? Does the estate owe many debts and taxes? These are all considerations that could lead you to decide to work with an attorney. Read our guide on probate attorneys to learn more about how they could support you.

When you first meet with your probate attorney, bring as many documents relevant to the probate process as you can to get the most out of your meeting. The more information you can provide to your attorney, the better they can help you navigate the process. For instance, bring along copies of the decedent’s certified death certificate, their Will and other estate planning documents (originals if possible), and social security number. Then, spend time gathering as many important documents showing evidence of the decedent’s assets and property. This could include bank statements, credit card statements, property deeds, titles, insurance policies, tax returns, and pay stubs. Get a head start by starting an inventory of these assets and properties and estimating the values of each. Last but not least, create a contact list of all potential heirs you can think of.

Probate attorney fees are paid by the estate. If you intuitively feel as though hiring a probate attorney would be best for the sake of the estate and its beneficiaries, don’t let cost be the deterring factor. An executor’s duty is to protect the bottom line of the estate. In cases where estates are complicated or face controversy, hiring a probate attorney can be well-worth the cost. If you are an individual who is creating their estate plan and you know that your estate could leave behind multiple complex issues to resolve, consider including a provision or arrangement that the executor should use Trust & Will’s Probate Attorney plan.

Probate attorney fees vary. Some attorneys charge by the hour, while others charge a flat fee or a percentage of the gross estate value. Trust & Will’s Attorney Probate plan is an affordable flat rate of $5,000, no matter the size of your estate. Payment plans are also available to fit your budget as needed.

If you don’t file for probate, estate assets cannot be distributed to beneficiaries. Assets and property remaining in the decedent’s name will remain in their name indefinitely. This means that they cannot be transferred to the estate and cannot be used to pay off debts, file taxes, or distribute inheritance to beneficiaries. The estate itself will likely continue accruing expenses while property and assets decrease in value without proper management and care.

From a legal perspective, you have a fiduciary duty to do what’s best for the estate and its beneficiaries. Failure to file a Will can be considered an offense, especially if you are a knowing custodian of that Will. Eventually, the courts can remove you from your role as personal representative of the estate, or worse, prosecute you with criminal charges.

If you are in possession of a deceased person’s Will, then the best course of action is to file a petition for probate. If you are aware that the decedent has nominated an executor other than yourself, then it is your duty to forward the Will to this individual.