6 Situations When You Need A Probate Lawyer

Losing a loved one is difficult enough without the added stress of handling their estate. Probate, the legal process of settling a deceased person’s affairs, involves court filings, creditor notifications, asset distribution, and countless other tasks that must be completed correctly and on time.

Our friends at Carpenter & Lewis PLLC  across the country help families every day during this challenging period. While some estates move through probate relatively smoothly, many situations require the guidance of a probate lawyer to protect the interests of heirs and prevent costly errors.

Understanding Probate Basics

Probate is the court-supervised process of authenticating a will, paying debts, and distributing assets to beneficiaries. Not all estates go through probate, but when they do, someone must file the necessary paperwork, notify interested parties, and follow state-specific procedures.

The process typically takes six months to two years, depending on the estate’s size and whether anyone contests the will. During this time, the executor or administrator has significant responsibilities and potential personal liability for mistakes.

When Legal Representation Becomes Necessary

1. The Estate Exceeds Your State’s Threshold

Each state sets a dollar amount below which simplified probate procedures may apply. If the estate’s value exceeds this threshold, formal probate becomes mandatory. These limits vary widely. California, for example, sets the threshold at $184,500, while other states have different amounts.

We help determine whether your loved one’s estate qualifies for simplified procedures or requires full probate administration. This initial assessment alone can save you time and money.

2. Multiple Beneficiaries Disagree

Family disputes over inheritances are more common than most people realize. When siblings disagree about asset distribution, or when a will seems unfair to certain family members, tensions escalate quickly.

A probate attorney serves as a neutral party who follows the law and the decedent’s wishes as expressed in the will. We handle communication between conflicting parties and work to resolve disputes before they turn into expensive litigation. Sometimes just having legal counsel involved encourages family members to act more reasonably.

3. Someone Contests The Will

Will contests happen for various reasons. Family members might claim the deceased lacked mental capacity when signing the will, was unduly influenced by someone, or that the will wasn’t properly executed according to state law.

According to the American Bar Association, will contests raise serious legal questions that require formal court proceedings. We defend the validity of the will or, if representing someone challenging it, present evidence supporting your position.

4. The Estate Includes Complex Assets

Some estates are straightforward, consisting mainly of bank accounts and personal property. Others involve:

• Business interests or partnerships

• Real estate in multiple states

• Stocks, bonds, and investment accounts

• Intellectual property rights

• Foreign assets

• Valuable collections requiring appraisal

Each asset type has different valuation requirements, tax implications, and transfer procedures. We coordinate with appraisers, accountants, and other professionals to handle these assets properly.

5. Significant Debts Or Tax Issues Exist

Executors must identify and pay all valid debts before distributing assets to beneficiaries. This includes credit cards, mortgages, medical bills, and taxes. If the estate lacks sufficient liquid assets to cover debts, the executor must decide which assets to sell.

Estate tax returns may be required even if no tax is owed. The federal estate tax threshold is high, but some states impose their own estate or inheritance taxes at lower amounts. Missing tax deadlines or filing incorrect returns creates problems that follow executors personally.

We handle creditor claims, negotiate debt settlements when appropriate, and prepare necessary tax returns to protect the executor from liability.

6. You’re Named Executor But Live Out Of State

Serving as executor from another state adds logistical challenges. Court appearances, property maintenance, and document signing become more complicated when you’re hundreds or thousands of miles away.

Many states allow non-resident executors but may require them to appoint a local agent for service of process. We manage the local aspects of probate administration, appear in court on your behalf, and handle day-to-day estate matters so you don’t need to travel constantly.

Moving Forward After Loss

Probate doesn’t have to be overwhelming. With proper legal guidance, most estates move through the process smoothly, and beneficiaries receive their inheritances without unnecessary delay or expense.

If you’ve been named executor of an estate or have questions about a loved one’s probate matter, contact our office to discuss your specific situation. We’ll explain the steps involved, answer your questions, and provide the support you need during this difficult time.