What Does a Probate Lawyer Do?

If someone dies and passes away, their estate assets must be distributed to heirs and beneficiaries. Usually, this is done in accordance with the last will and testament.

A probate lawyer can help you resolve any issues that arise during the process. Whether they do this for the executor , or on their own the services of a probate attorney can be invaluable during this time.

Dispersal of Estate Assets

Any probate process involves the distribution of estate assets. This is the process of distributing estate assets to beneficiaries and/or heirs in accordance with the will or trust. A probate lawyer can help you through the process of distributing your estate assets as well as settling your debts.

The estate administration process can be a bit complicated, particularly for larger estates. A probate lawyer can assist you in navigating these issues to avoid unnecessary delays and complications.

A probate lawyer can also represent you in the event that a dispute arises regarding the way in which an heir should be treated when receiving an inheritance. He can also make sure that your inheritance assets are properly protected and protected during the administration process.

An heir can sue the executor in the event that they are not receiving a fair portion of the estate. A restraining orders could make the executor return the money to the beneficiary or distribute the proceeds.

Often, the decedent’s assets are held in different types of accounts. Some may be in a checking account, while others are in an estate brokerage account. These accounts must be kept distinct from other financial accounts. Only deposit money into them that are specifically designated for the estate of the deceased.

When distributing tangible personal property like bonds and stocks it is crucial to keep accurate and meticulous records that include the name of the beneficiary. It is recommended to send an email to your broker informing them of the new beneficiaries and reminding them of the need to re-register their stock certificates.

Re-registering bearer bonds in the beneficiary’s name is a different method to transfer estate assets. Re-registration of these bonds can be time-consuming however it is crucial to distributing the assets.

A probate lawyer can aid you with this process, and can provide guidance and counsel for re-registering stock certificates in the name of the heir. They can also assist in determining what assets to liquidate and what assets to give to the heirs.


Probate is a legal process that guarantees the equitable distribution of estate assets. It is a complex procedure that requires the help of a qualified probate attorney.

Probate lawyers assist clients with estate planning and determining the validity a will. They analyze the wishes of the deceased and ensure that their assets are distributed in accordance with their wishes. They also help with intestate matters. These are situations where the deceased person does not have an estate plan.

A probate lawyer can also create contracts to facilitate the transfer of property between the heirs or family members. A contract is required to sell property if one of the brothers wishes to sell the property.

The contracts could also include a sales agreement. This will be drafted by the parties and signed by them. The sale will then be supervised by the probate court until it can be completed.

Another common contract in probate is the transfer of real estate. This can be a complex procedure for heirs.

The transfer of real estate is a complex procedure that involves making and filing many documents in the court. These documents can include a deed mortgage, a lease and other forms that are important.

A probate lawyer should go over the documents before they are filed. This will ensure that the terms are correct and any mistakes can be corrected before the court takes a decision.

A probate lawyer is also in a position to provide advice to heirs on various other issues that may arise during the administration of the estate. For instance when an executor or another person is arguing about the heirs’ share of a will, a probate lawyer can assist in reaching an agreement and resolve the dispute before it becomes expensive and time-consuming to bring the matter to the court.

It is crucial to know upfront the cost of probate attorneys is for a client contemplating hiring one. Ask them if they charge clients hourly, on a flat fee or per hour. It is crucial to understand what other costs may be involved in the case.


Probate lawyers play an important role in resolving any tax issues that may be present. Some of the taxes they handle include state and federal income tax, estate and gift taxes and local property tax.

They also assist you in making sure all assets are secured and documented so that they will be distributed to your beneficiaries with no delay. They could also be able to help with tax laws that could save you money long-term for your heirs or beneficiaries.

The amount of time required to have the probate process complete is a lot of a variation, based on a variety of factors. The time required to complete the probate process will depend on the amount of assets and liabilities are involved as well as their value and the state in the where it occurs.

In addition, if the deceased left an estate that was large or had a lot of creditors, it may take longer for the estate to settle the creditors all. However, it is possible to speed up the process by filing the proper documents with the appropriate authorities prior to the time the person dies.

A probate lawyer can help you pay off the debts and financial obligations of your loved one and also pay any taxes they owe. They can help you determine the legitimacy of debts and which ones must be paid first.

Taxes are the obligatory payments or charges collected by both individuals and government agencies to pay for general government goods, services and activities. They can be indirect or direct.

Direct taxes are paid primarily by business or individuals to support social programs such as Medicare and social security. They are determined by net wealth or income.

Indirect taxes are added on transactions for the purchase of goods and services, like sales taxes, value-added taxes as well as excise or sin taxes, and tariffs. They are often paid by the seller or retailer that sells the item and do not be paid directly by the payer to the government.real estate lawyers melbourne

To find out more about probate lawyers, please contact us today to schedule an appointment. We are looking to hearing from you!

Representation before the Court

Probate lawyers are licensed by the state who can assist you with the probate process and other estate-related issues. While their services may vary from one case to the next, they are typically responsible for dispersing estate assets and making sure that the process is carried out according to law.

If an individual has been appointed as the personal representative of an estate or their beneficiaries in court proceedings or in court proceedings, a probate lawyer could also be called upon to represent the estate. This can be very important for many reasons, including defending against creditors and challenging the validity of a will. invalidated.

Probate lawyers can assist in the inventory and location of estate assets as part of their duties. They can also provide assistance in the payment of taxes and debts and in distribution of the remaining property.

They can also assist with the preparation of income tax returns and also determining whether inheritance taxes are applicable. They can also manage checking accounts, collect proceeds from life insurance policies, and if applicable, they can even manage the estate.

When selecting a probate lawyer You should ensure that they specialize in the specific area of law in which they are licensed. This is especially important for complicated cases and could save you a lot of time and money.

You should also inquire about their experience in the court your case is currently being dealt with in. This is important because each judge and every county has its own procedure and rules for handling cases. You want to hire someone who has a lot of experience in this field.will dispute lawyers melbourne

Probate attorneys must pass the Bar exam. This is a two-day examination that tests knowledge of the law. This is a crucial aspect in that probate attorneys must have a solid understanding of state and local laws and their effects on their clients.

If you have any concerns regarding probate and how a probate lawyer could help, call an experienced New York probate lawyer at Stephen Bilkis & Associates. Our lawyers have decades of experience helping people with estate planning, as well as other matters before the Surrogate’s Court in New York.

Leave a Comment

Your email address will not be published. Required fields are marked *