A Guide About Probate Lawyer vs Probate Litigation Attorney

When a loved one passes away, legal steps often follow. Many families hear terms like probate lawyer, probate attorney, or probate litigation attorney and feel unsure about what they mean. While these roles are related, they are not the same. This guide explains what is a probate lawyer, what is a probate attorney, and when you may need a probate litigation lawyer to handle disputes.

What Is Probate? A Simple Explanation

Probate is the legal process used to settle a person’s estate after death. During probate:

• The court confirms that the will is valid.
• The estate’s debts and taxes are paid.
• Remaining assets are given to heirs or beneficiaries.
• If there is no will, state law decides who inherits the estate.

The probate process helps ensure everything is done fairly and legally. Some probate cases are simple, while others can become complicated if disagreements arise.

What Is a Probate Lawyer or Probate Attorney?

A probate lawyer, also known as a probate attorney, helps families manage the probate process. Many people ask, what is a probate attorney, and the answer is simple: this lawyer guides the executor or personal representative through the legal steps required by the court.

Key Responsibilities of a Probate Lawyer

1. Starting the Probate Process

A probate lawyer files the will with the court and begins the probate case.

2. Assisting the Executor or Administrator

The executor is the person named to manage the estate. A probate attorney helps them understand their duties and follow the law.

3. Managing Estate Assets

This may include:

• Finding and listing all assets.
• Getting property and valuables appraised.
• Making sure assets are protected during probate.

4. Handling Debts and Taxes

A probate lawyer helps notify creditors, pay valid debts, and file any required tax returns.

5. Preparing and Filing Legal Documents

Probate requires accurate paperwork and strict deadlines. A probate attorney ensures all documents are completed and filed correctly.

6. Distributing Assets to Beneficiaries

Once debts and taxes are paid, the probate lawyer helps distribute the remaining assets according to the will or state law.

Do You Need a Probate Lawyer?

Not every probate case requires a lawyer, but many families choose one because probate laws can be complex. Having a probate attorney can reduce stress and help avoid costly mistakes.

What Is a Probate Litigation Attorney or Probate Litigation Lawyer?

A probate litigation attorney is a lawyer who handles disputes related to probate and estates. While a probate lawyer focuses on routine estate administration, a probate litigation lawyer deals with conflicts that must be resolved in court.

Situations Where a Probate Litigation Attorney Is Needed

1. Will Contests

If someone believes a will is invalid due to fraud, pressure, or lack of mental capacity, a probate litigation attorney can represent them in court.

2. Executor or Trustee Misconduct

When an executor or trustee is accused of mismanaging assets or acting unfairly, a probate litigation lawyer can take legal action.

3. Disputes Among Family Members

Family members may disagree about asset distribution or estate decisions. If these conflicts cannot be resolved peacefully, probate litigation may be required.

4. Trust Disputes

Trust disagreements can arise when terms are unclear or when beneficiaries believe the trustee is not acting properly.

5. Guardianship and Inheritance Disputes

Probate litigation attorneys also handle disputes involving guardianship, conservatorship, and inheritance rights.

Skills of a Probate Litigation Lawyer

A probate litigation lawyer:

• Represents clients in court hearings and trials.
• Gather evidence and prepare legal arguments.
• Protects client rights during estate disputes.
• Works to resolve conflicts through negotiation or litigation.

Probate Lawyer vs Probate Litigation Attorney: Key Differences

Understanding these differences can help you choose the right type of legal support.

How to Choose the Right Attorney

Choose a Probate Lawyer If:

• The will is clear and valid.
• Family members agree on asset distribution.
• You need help with paperwork and deadlines.

Choose a Probate Litigation Attorney If:

• Someone is contesting the will.
• There are serious family disputes.
• You suspect fraud or mismanagement.

Some law firms handle both probate administration and litigation, allowing them to support you if a simple case becomes contested.

Need help with probate or estate disputes? Contact Doane & Doane today to speak with an experienced probate lawyer or probate litigation attorney who can guide you every step of the way.

Frequently Asked Questions (FAQs)