The emotional toll of losing a loved one can be incredibly devastating. During this time of grief, you might find yourself named as the executor of your loved one’s estate. Suddenly, you’re responsible for handling probate tasks, which can be confusing if you’re unfamiliar with the process. You may have heard that a probate attorney can help, but you’re curious: Who does a probate attorney represent? Do they help the beneficiaries, or are they there to assist you, the executor? In this article, we’ll discuss who the probate attorney represents, how they can help, and their limitations in assisting.
Let Robbins Estate Law guide you through the complexities of probate with compassion and expertise. Call or contact us online to schedule a consultation, and let us make this process easier for you.
Understanding Probate and the Role of the Executor
Probate is the legal process of settling a deceased person’s estate. The process involves identifying and valuing all assets (for example, property and bank accounts), paying off debts, and then distributing what’s left to the beneficiaries named in the will.
The executor, appointed by the will or chosen by the court if there is no will, manages the probate process. Their vital role entails gathering information on the estate’s assets and debts, as discussed above, filing legal paperwork with the court, and ensuring everything complies with the will. Often, during these roles of an executor, a probate attorney comes in.
Who Does a Probate Attorney Represent?
A probate attorney acts as the executor’s legal guide and advisor throughout the probate process. They help the executor understand their duties, navigate legal procedures, and ensure the executor does everything correctly.
Here’s what a probate attorney typically does for the executor:
- Reviews the will and other estate planning documents. An attorney makes sure the will is valid and interprets its meaning.
- Locates and values estate assets. An attorney can contact banks, appraisers, and other professionals to value assets.
- Pays debts and taxes. The attorney helps the executor prioritize and use estate funds to pay off any outstanding debts and taxes owed.
- Files probate court paperwork. There are many legal forms and procedures involved in probate, and an attorney can help ensure everything is filed correctly and on time.
- Deals with creditors and beneficiaries. An attorney can help the executor communicate with creditors and answer beneficiaries’s questions about the inheritance process.
- Represents the executor during disputes. If there are disagreements between beneficiaries or challenges to the will, the attorney can represent the executor in court.
Note that a probate attorney does not typically represent the beneficiaries themselves. While the attorney’s work ultimately benefits the beneficiaries by ensuring a smooth probate process, the attorney’s primary client is the executor.
Limitations of a Probate Attorney
While a probate attorney is a valuable resource for executors, it’s important to understand their limitations. Having realistic expectations of what a probate attorney can and cannot do will help you avoid surprises and ensure a smoother probate process. Here are some things a probate attorney typically cannot do:
- Offer tax advice. Tax issues can arise during probate, but an attorney cannot provide specific tax guidance. They can recommend a qualified tax professional to handle these complexities.
- Give financial advice. While probate attorneys can help manage estate assets, they are not financial advisors. The attorney can recommend a financial advisor if the estate requires investment or financial guidance.
- Represent beneficiaries in disputes. As mentioned earlier, the attorney’s primary client is the executor. If a beneficiary disagrees with the executor or wants to challenge the will, they will likely need to hire their own attorney.
It’s important to communicate openly with your probate attorney about your expectations and concerns. They can help you understand the scope of their services and guide you toward additional resources if needed.
Who Pays for a Probate Attorney?
The cost of hiring a probate attorney is usually paid for by the estate, not the executor personally. This means the fee is deducted from the estate’s assets before anything is distributed to the beneficiaries.
The exact cost can vary depending on the complexity of the estate, the attorney’s experience, and your location. In Texas, probate attorney fees can range anywhere from a few thousand dollars to tens of thousands of dollars, depending on the size and complexity of the estate.
Connect with Robbins Estate Law for Probate Guidance
At Robbins Estate Law, we understand the importance of having a reliable partner by your side when navigating probate in Texas. Our probate attorneys are invaluable assets for executors, offering legal guidance and ensuring a smooth and efficient probate process. We provide our community with clear, dependable, and exceptional guidance on estate and probate matters.
If you’re involved in probate as an executor, consulting with a probate attorney at Robbins Estate Law can help you fulfill your responsibilities and ensure the correct settlement of the estate.
If you have any further questions about who a probate attorney represents in Texas, please call or contact us online to schedule a consultation and explore your options.
Kyle Robbins
Kyle Robbins is the founder and sole owner of The Law
Offices of Kyle Robbins. He received his J.D. with honors from the University of Texas School of Law and his B.S. in Food Chemistry and Microbiology from Oklahoma State University.
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