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What You Need to Know About Probate Attorneys

What You Need to Know About Probate Attorneys

A probate attorney is hired to administer the last will and testament of a person who has died. They also help to guide heirs through the process in court when a petition for probate is filed. This process determines if what the deceased left behind in the will is valid. The probate process distributes the assets left behind by the deceased to pay outstanding bills, with what remains to be divided amongst the heirs listed in the will.

Duties of a Probate Attorney

The probate attorney assists heirs during the entire legal process the including filing any pleadings or motions that are necessary. If an heir contests the will, the probate attorney in Mobile, AL argues in court as to the reason why it was contested. If any questions are raised by the court about the validity of the will, the probate attorney answers those questions.

Probate Attorneys Can Also Be Executors

Although not required by law, sometimes a probate attorney also acts as the executor of the will, especially when the deceased specifically name that person as the executor.

As Executor of the Will

When the probate attorney becomes the executor of the will, they manage the distribution of the different assets left behind by the deceased. The executor can help change the title to the property, and help move assets into an heir’s name. The probate attorney is responsible as well for making sure the funds are all accounted for and that all tax laws are followed within the scope of the will and estate. When a probate attorney is also the will’s executor, they are usually paid a nominal fee that could be a percentage of the estate’s value or just one flat fee.

Requirements to be Probate Attorney

To be a probate attorney, you first much have a bachelor’s degree as well as be a graduate of a law school, which could take as long as ten years to complete.

If you are looking for a probate attorney in Mobile, AL, please visit The Seawell Firm, LLC.

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