What can you expect from a probate lawyer? Expect them to make probate easier, but they can’t do everything for you.
I write this post for anyone who wants to understand what a probate lawyer does. However, I specifically write this for anyone named as a Personal Representative in a decedent’s will in Idaho. Decedent means deceased person, and I will continue to use “decedent” in this post.
A Probate Lawyer Prepares and Files Court Documents
A probate lawyer files the initial petition to open the court process called probate. The attorney sends formal Notice to all the heirs and any other person or organization that inherits part of the estate. Later, the lawyer files an inventory of the decedent’s assets and a final accounting. If any beneficiary contests the validity of the will or requests to remove the Personal Representative, the probate lawyer represents the Personal Representative in court.
Identify and Value Estate Assets
A probate lawyer coordinates property appraisals and works closely with financial institutions to determine the exact amount of the estate assets, ensuring that nothing is overlooked. The attorney assists in re-titling assets that are in the decedent’s name, including real estate. One of the big problems about death, legally speaking, is that you can’t have a dead person’s name on a titled asset.
A Probate Lawyer Deals with Creditors
Although the Personal Representative is the person with the ultimate duty to pay the estate’s creditors, the attorney publishes the Notice to Creditors in the local newspaper and files an Affidavit of Publication. The attorney may negotiate debts when creditor claims arise.
Oversee the Distribution to Beneficiaries
As mentioned before, the Personal Representative actually writes the checks, but the probate lawyer advises who receives what in accordance with the will. Under Idaho law, the creditors and expenses of the estate get paid first. So funeral expenses get paid first. The beneficiaries get whatever is left. When a beneficiary receives a distribution, the attorney will get a signed Receipt and Release to protect the Personal Representative from lawsuits.
Tax Returns
Even in death the IRS demands accountability, so the deceased person needs to file one last income tax return. The Personal Representative has the authority to do it on the decedent’s behalf and pay the tax bill. The probate lawyer may assist with this task, or may advise the Personal Representative to hire an accountant for this specific job. After all, according to Supreme Court Chief Justice Roberts, a lot of people go to law school because they are not good at math and can’t think of anything else to do.
Navigating Probate Will Convince You to Avoid It
If you made it through the probate process as a Personal Representative, take a congratulatory pat on the back. But also realize that probate is completely avoidable. You probably don’t want to subject your spouse or children to the probate process. Schedule a consultation with me to discuss an estate plan that never needs a probate lawyer.