Do I Need an Attorney for Probate?

An estate planning attorney can significantly reduce stress during the probate process for families. Here are the key reasons to hire legal help.

State Requirements and Documentation

An attorney understands what your state requires for executing a will, including potential state inheritance taxes and state-specific documents. Even when a surviving spouse is the sole beneficiary with jointly-titled assets or beneficiary designations, important details may be overlooked.

Relief from Administrative Burden

A surviving spouse benefits greatly from avoiding a mountain of paperwork or electronic forms, especially during grief. Professionals know which beneficiary forms require completion and what changes financial institutions need to process.

Tax Benefits and Exemptions

A layperson likely does not know if their state deducts the attorney’s fees and/or the executor fees. Estate attorneys understand state-specific exemptions, discounts, and deductions that can reduce tax obligations.

Process Timeline and Court Procedures

Attorneys know probate timelines and whether remote court appearances are available in your state. They’re also aware of any specific procedures that may apply to your situation.

Protection Against Disputes

An estate attorney becomes invaluable when beneficiaries disagree about distributions. They ensure settlement agreements comply with state law and can be enforced if challenged.

Property Sales and Complex Issues

When property sales are involved, executors working alone may miss title insurance requirements that could delay settlement. Additionally, attorneys protect estates facing medical bills, creditor claims, or Medicaid liens.

If you or a loved one needs assistance with probate or estate planning, do not hesitate to contact The Stegall Law Firm. We are here to help.