How to Determine Whether You Need a Probate Attorney

Do I Need a Probate Attorney? Davidson Law Helps You Decide

Some people decide to face the probate process without legal aid, whether from a probate attorney or the services of a probate lawyer. While there are examples of successful cases handled alone, Davidson Law Group asks: can you really be confident in tackling this potentially complex endeavor by yourself?

Our probate attorneys can offer some advice on whether undertaking probate yourself, without legal aid, is the best idea.

A Brief Explanation of Probate

For some context, “probate” is the process of a court-supervised authentication of a Last Will and Testament. When probate is undertaken, it determines the value of the deceased’s assets, paying any remaining taxes or outstanding bills, and then distributing the rest to beneficiaries or heirs.

There are a few situations in which probate is deemed necessary – typically if there is no will, there is a challenge to the will, if there are mistakes or clauses that are not clear, if the will is only in their name, or no beneficiaries or living beneficiaries are named. There may be other factors involved, and few of the ones we have named here necessarily guarantee probate will be required.

What Should I Consider?

If it has been determined that probate will be required, then there are a few questions you can think about to help you decide whether to hire a probate attorney.

Is It Likely to Cause Issues Between Beneficiaries?

If the beneficiaries named in the will are close family or friends, hiring a probate attorney can potentially help to avoid stress or disputes over assets. This is something that may occur if there is any ambiguity in the text of the will.

Are There Likely to be Tax Issues?

Dealing with tax issues is difficult enough when they are your own, but having to handle any unpaid taxes or associated problems of a loved one after they have passed is an entirely different level of stress. An attorney or probate lawyer can help you.

Are There Lingering Debts?

Similarly to unpaid taxes, there may also be unpaid debts to other parties to sort through. These debts will need to be paid, and this will affect the outcome of who receives what out of what is left behind.

Has a Significant Amount Been Left to a Minor?

Many of those who write a Last Will and Testament will leave something to their children or grandchildren. In some cases, these relatives will still be minors when they inherit what they have been left. Having a legal professional handle who can take responsibility until they are able to is extremely beneficial.

How Simple Is Your State’s Probate Process?

As you may have gathered from the above questions, there are a number of complicated factors in probate. To make matters worse, many of the laws that relate to it will vary from state to state, meaning that any resources you find in your own research will have to be extremely specific.

As a result, you may spend much of this time simply trying to find out what applies to your situation, depending on where you live.

Contact a Probate Attorney Today

If you decide that this is simply too much to undertake alone, our probate attorneys and lawyers are waiting to help. Our legal professionals work diligently with families and individuals to make sure every detail is taken care of. For the peace of mind of you and your loved ones, contact the Davidson Law Group today and establish your Texas legacy.