Law & Legal & Attorney Wills & trusts

A Job as a Probate Lawyer

    Education

    • All lawyers must first earn a bachelor's degree from a four-year university and then a juris doctorate from law school. After finishing their education, lawyers must pass the bar examination in the state where they plan to practice.

    Definition of Probate

    • Probate is the process by which a decedent's assets and debts are settled and passed on to the heirs after their death. Probate must be handled through a probate court.

    Duties

    • A probate lawyer will either represent the estate itself or one of the heirs of the estate. Every estate that goes through probate must follow strict statutory procedures that are overseen by a personal representative. Each estate will also have potential heirs (people that will inherit money or property).

    Estate Probate Lawyer

    • As the lawyer for the estate, a probate lawyer's job is to protect the estate and the intentions of the decedent. A personal representative will be appointed to collect assets of the estate, pay debts and distribute assets or property. The personal representative will generally use the legal expertise of the probate lawyer to make sure they are abiding by the laws of the state.

    Probate Lawyer for Heir

    • Sometimes a potential heir to an estate decides to challenge the will. In that case, they will hire a probate lawyer to represent their interests. A probate lawyer in that capacity will attempt to challenge or even invalidate the decedent's will.

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