What Does a Probate Lawyer Do?

What Is a Probate Lawyer or Probate Attorney?  

A probate lawyer or probate attorney is a state-licensed attorney who administers the deceased's will. They also guide executors and beneficiaries of the estate throughout the probate process in court. The probate lawyer may also act as the executor until they find an estate administrator.   


The probate process begins when someone with a will dies. The probate lawyer oversees the asset distribution by following directions mentioned in the will.   

Is a Probate Lawyer the Same as an Estate Attorney?  

A probate lawyer and an estate attorney are appointed for the same cause. One difference is that an estate attorney sets up the will while the probate lawyer meets with the will's executor after the estate owner's death.  

Probate lawyers don’t have to construct any legal documents. They only need to prove if the documents produced by the estate attorney are authentic or not.  


Estate attorneys help you set up an estate plan while you are healthy and of sound mind. A probate lawyer comes into play after a person's death and helps distribute the assets following the deceased's wishes.  

What Does a Probate Lawyer Do?  

A probate lawyer helps execute the will of someone who is either dead or incapacitated. A probate lawyer addresses any financial or personal affairs and guides the executors throughout the process with tasks such as:  


  • Assembling returns and earnings from life insurance policies  
  • Transferring the assets within the decedent's name to the fitting successor in case the will is absent  
  • Identifying and securing the assets of the deceased party  
  • Acquiring appraisals for the decedent's property   
  • Assisting in settlements of bills and debts  
  • Preparing and recording all the legal documents required by a probate court  
  • Settling income tax issues along with any estate or inheritance taxes  
  • Governing/managing the estate checking account  
  • Distributing assets to beneficiaries after clearing all pending bills, including taxes  

What is a Probate Lawyer's Role?  

A probate legal counselor can help with a wide array of duties throughout the probate process. The significant roles of a probate lawyer are:  


  • Settling Disputes Between Beneficiaries: They can work through any uncertainties and tension arising with the distributions between beneficiaries — confusion of who gets what can get ugly. A probate lawyer can act as a mediator to ensure distributions are made based on the wishes stated in a will.  
  • Dealing with the Domain Property: They help beneficiaries get complete information and understanding of the assets they receive, including any financial or legal liabilities on the asset.  
  • Distributing the Expired Party's Resources Among Beneficiaries: Someone can have unique circumstances like having more than one family, making asset distribution even more complex. It's the probate lawyer's role to make sure the assets are given out correctly.  

When Do You Need a Probate Lawyer?  

A will must be authenticated in a court-supervised proceeding. When an individual dies without having a signed will, the distribution of the deceased's assets follows the specific state's laws, regardless of the family's wishes. A probate lawyer plays a critical role in simplifying these court processes, especially in managing a large estate or dealing with multiple beneficiaries.  

A Probate Attorney's Fees  

A probate lawyer usually has three methods of charging a client, and in many cases, they let the client choose. These methods include:  


  • Hourly Charge: A probate attorney charges an hourly fee that depends upon the attorney's efforts   
  • Flat Fees: Lawyers charge their probate clients a flat fee for the whole process, and they don't keep a record of hours or minutes 
  • Percentage of the Estate's Value: The lawyer might suggest a portion of the estate's total value as their fee 

Creating an Estate Plan to Bring to a Probate Lawyer  

Executing a will is a delicate procedure. A probate attorney helps you settle these issues and guarantees that the complete process can go quickly while following the law after creating a will on your own.  


Complete Wills provides you with all the necessary tools to quickly create a fully customized, legally binding estate plan. Our team of experienced lawyers oversees the creation of each Complete Wills document to ensure it complies with all legal requirements. You can create any legally binding document for a reasonable price to comply with your state’s regulations. 

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