Do I need a Probate Attorney?
It is always a difficult process to lose a loved one and adding the legal processes that come with their estate can often be quite exhausting. At times, you might require the services of a probate attorney. The size of the estate, the existence of a will, and the possibilities of disagreements among the beneficiaries are factors that you should consider when determining whether or not to hire a probate attorney. Here’s what you need to know to make an informed decision.
What is Probate?
Probate is the legal process of handling the assets and liabilities of a person who has died. It includes identifying the valid will, compiling a list of assets, paying off the debts, and then distributing the assets to the heirs. In Oklahoma, if an estate is small or if all the assets of the decedent can be transferred without having to go through probate, then probate is not required.
When Do You Need a Probate Attorney?
There are certain circumstances in which the services of a probate attorney will be helpful and which can help you avoid many problems. However, there are certain situations in which it is better to seek the advice of a legal professional:
- High-value or complex estate – The attorney will guarantee that all the assets have been well identified and assessed, and distributed correctly if the deceased owned several properties or a business or had many assets.
- If there is no will – Oklahoma has certain laws that outline how its citizens’ properties will be distributed in case of death without a will. A probate attorney can also come in handy in such cases and assist with the management of the estate.
- Disputes among beneficiaries – An attorney can also assist in case of family disputes or disagreements.
- Outstanding debts – A probate attorney will also come in handy with all claims if the estate has debts. A lawyer can also assist with the claims, to establish what is a valid claim and how it should be addressed.
When You May Not Need a Probate Attorney
If the estate is not large (less than $50,000 in the state of Oklahoma) and there is no real estate involved, then it may be possible to use a small estate affidavit. Furthermore, if assets are held in joint tenancy, the assets have beneficiaries or are held in a trust, then probate may be unnecessary.
How Can an Attorney Help?
Having a probate attorney on your side can bring you:
Prepare and submit the needed legal documents to the court
Guide the executor or the personal representative on what is expected of them
Assist in complying with the probate laws of your state
In the event of a disagreement among the beneficiaries, the attorney will come in handy
Ensures that the distribution of assets takes place without any problems
Final Thoughts
Probate is often a long, tedious process, and one that you don’t have to deal with by yourself.
If you are in Oklahoma and planning to undergo probate and are not quite sure whether or not you need legal services, then it may be worth it to consult with a probate lawyer like Kevin L. Miller, PC. Kevin can provide clarity and peace of mind.
He has more than 35 years of practice, and during this time, he has helped thousands of families and individuals in Oklahoma. If you need guidance, contact Kevin L. Miller, PC today to discuss your situation and explore your options.
Call (405) 443-5100.