What does a probate & estates lawyer do?
Probate lawyers guide executors and families through the legal process after someone dies: proving the will, collecting assets, paying debts and taxes, and distributing what is left. They also act in disputes over wills and estates.
How probate works in the US
Probate is a state court process, and the rules differ by state. Most states have simplified procedures, such as a small estate affidavit, for estates below a set value. Assets held in a living trust, jointly owned with right of survivorship, or passing by beneficiary designation usually avoid probate altogether.
How it works in Europe
In many European countries, a notary rather than a court handles most estate administration, and heirs may need a national certificate of inheritance. For cross-border estates within the EU, a European Certificate of Succession can help prove heirs' rights in other member states.
Questions to ask before you hire a probate & estates lawyer
- Can you handle just the court application, or do you only take on the whole estate?
- How will you charge: hourly, fixed fee or a percentage of the estate?
- How long before beneficiaries are likely to receive anything?
- What should I do now to protect the property and accounts?