What Does a Probate Attorney Do?

When a loved one passes away, families often face many emotional and financial challenges. One of the biggest tasks is handling the person’s estate. This process is called probate. Probate can feel confusing and stressful, especially if you have never gone through it before. This is where a probate attorney can help.

A probate attorney, also called a probate lawyer, guides families through the legal steps required to settle a loved one’s estate. They make sure everything is done correctly, legally, and as smoothly as possible. If you live in Florida, having a Naples probate attorney can be especially helpful because probate laws can vary by state.

In this article, we will explain what a probate attorney does, why you may need one, and how they can support you during a difficult time.

What Is Probate?

Probate is the legal process of settling a person’s estate after they pass away. This includes:

• Reviewing and validating the will
  
  
• Identifying the person's assets
  
  
• Paying final bills, debts, and taxes
  
  
• Distributing property to the right heirs
  
  

Probate ensures that everything is handled fairly and in accordance with the law. But because probate can involve many rules and forms, families often hire a probate lawyer to guide them.

What Does a Probate Attorney Do?

A probate attorney handles many responsibilities. They help with legal documents, court filings, property matters, and communication with beneficiaries. Here are the main tasks they perform:

1. Validate the Will

If your loved one left a will, the probate attorney helps submit it to the court. The court must confirm that the will is legal and valid. The probate lawyer handles:

• Filing the will
  
  
• Making sure the will follows state laws
  
  
• Informing the beneficiaries
  
  

If someone challenges the will, the attorney can help resolve the dispute.

2. Help Appoint the Executor

The will usually names an executor (also called a personal representative). This is the person in charge of managing the estate. If no one is named, or if the named person cannot serve, the court chooses someone.

The probate attorney helps the executor understand their duties and complete them properly. They also help prepare legal paperwork to make the appointment official.

3. Gather and Protect Assets

A big part of probate involves collecting and protecting the estate’s assets. These assets may include:

• Bank accounts
  
  
• Homes and real estate
  
  
• Vehicles
  
  
• Investments
  
  
• Personal items
  
  

A probate lawyer helps the executor locate these assets and make sure they are protected. They may recommend an appraisal for certain items to know their true value.

4. Pay Debts and Final Expenses

Before assets can be given to heirs, the estate must pay all outstanding debts. This includes:

• Medical bills
  
  
• Credit card balances
  
  
• Taxes
  
  
• Funeral costs
  
  

A probate attorney helps review claims from creditors and decides which debts must be paid. They ensure the estate pays only what is legally required.

5. Handle Court Filings and Deadlines

Probate involves a lot of paperwork. Missing a form or a deadline can slow down the process.

A probate attorney prepares and files all required documents, such as:

• Petitions
  
  
• Accountings
  
  
• Notices to beneficiaries
  
  
• Reports for the court
  
  

They make sure everything is submitted correctly and on time.

6. Resolve Disputes Between Family Members

Sometimes family members disagree about the will or how the estate should be divided. These conflicts can cause delays and stress.

A probate lawyer helps:

• Mediate disagreements
  
  
• Explain legal rights
  
  
• Represent the executor in court if needed
  
  

Having professional guidance from a wills and trusts lawyer can prevent small issues from turning into major problems.

7. Distribute Assets to the Heirs

Once all debts are paid, the probate attorney helps distribute the remaining assets to the beneficiaries. They make sure the process follows the will and state laws. If there is no will, the lawyer helps distribute property according to state inheritance rules.

8. Close the Estate

After everything is completed, the attorney helps the executor submit final paperwork to close the estate. This step confirms that all duties are done and the probate process is finished.

Do You Need a Probate Attorney?

Many people wonder if they really need a probate lawyer. In some simple cases, the answer may be no. But in most situations, hiring a probate attorney can save time, stress, and money. You may need a probate lawyer if:

• There is no will
  
  
• There is a conflict between beneficiaries
  
  
• The estate has many assets
  
  
• The estate owes debts or taxes
  
  
• The executor is unfamiliar with legal rules
  
  
• The estate involves real estate, especially in different states
  
  

If you live in Florida, working with a Naples probate attorney can make the process much easier. Florida’s probate laws can be strict, and an experienced local attorney knows how to handle them.

Why Choose a Naples Probate Attorney?

A Naples probate attorney understands the local laws, courts, and procedures. They can help with:

• Florida probate rules
  
  
• Homestead property issues
  
  
• Florida real estate transfers
  
  
• Local court requirements
  
  

They can also provide compassionate support at a time when families need it most. With their guidance, you can feel confident that you are handling your loved one’s estate the right way.

Benefits of Hiring a Probate Lawyer

Hiring a probate attorney offers several advantages:

1. Reduces Stress

Losing a loved one is already difficult. A lawyer helps take away the heavy legal burden so you can focus on your family.

2. Saves Time

Probate can be complicated. A probate lawyer knows the exact steps and can complete the process much faster.

3. Prevents Mistakes

Missing a deadline or filling out a form incorrectly can cause big delays. An attorney ensures everything is done properly.

4. Protects the Estate

A probate attorney makes sure the estate is handled correctly and fairly. This protects the assets and the beneficiaries.

5. Avoids Legal Problems

If disputes come up, the attorney can help solve them quickly and prevent costly court battles.

How to Choose the Right Probate Attorney

When hiring a probate lawyer, keep these tips in mind:

• Look for someone experienced in probate law
  
  
• Choose an attorney familiar with local courts
  
  
• Check reviews and testimonials
  
  
• Ask about fees and billing
  
  
• Make sure communication is clear and comfortable
  
  

A good probate attorney should be patient, understanding, and ready to guide you step by step.

Final Thoughts

A probate attorney plays a key role in helping families settle a loved one’s estate. They guide you through every step of the process and make sure everything is handled correctly. Whether you need help understanding the will, dealing with paperwork, or solving family disputes, a probate lawyer can make the probate experience much easier.

If you live in Florida, working with a Naples probate attorney gives you the advantage of local knowledge and personalized support.

Need help with probate? Contact Jostock & Jostock, P.A. today for trusted guidance.

FAQs About What a Probate Attorney Does