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8 Common Situations Where a Probate Attorney Is Invaluable

— June 18, 2024

Probate attorneys offer clarity during very turbulent times within a family.

Probate attorneys are essential in many situations, and they can resolve many disputes as they should be resolved. Here, we are going to talk about some scenarios where these people are essential for the job to get done. 

Handling estates

One of the main roles of a probate attorney is to carry out all the demands of a diseased person. These lawyers usually have to deal with a lot of estates and how they need to be handled. The first thing a probate lawyer will do is file the will in the right place. When they do that, they now need to guide the executor of the will to do the right thing when it comes to the estate as stated in the will. They will ensure that everything goes according to the wishes of the former owner of the estate. They will account for everything that is in the estate and they will make sure that any debts that are connected with the estate are properly paid if that is possible so that the future owner does not have issues with it. If there is a need to manage a part of the estate because of its commercial value, they will continue to do that.


A probate attorney needs to ensure that everything the person has written in the will is properly done. Before they can do that, they will first need to validate the will, which means that they will find out whether it is real or not. You would be surprised at how many people forge wills and try to take something that is not theirs. Usually, they will validate it through different evidence and testimony from the eyewitnesses. Once they have made sure that everything is as it is supposed to be, they will have to notify everyone of what has happened and that they are entitled to something from the diseased person. If something is not clear in the will, they are the ones who will make it clear. If someone contests the will, they will have to defend it and its validity.  

Establishing guardians

If someone is now in need of a guardian, the probate attorney is the person who needs to find the right person for the job. The first thing they will do is go and petition the court to establish guardianship. Many legal requirements need to be met so that a guardian can be chosen. Things like criminal behavior and a lack of finances mean that they cannot establish guardianship with those people. The lawyer will propose to the close family of the people who need a guardian to step out if they want to become guardians for these people. In the end, he or she will have to prove that the guardian they have chosen will act in the best interest of the person in need.

Trust Administration

If the person who has passed away has a trust in his possession, the probate attorney will have to properly distribute it. The first thing the lawyer needs to do is understand what the grantor of the trust wants to do with it and then he can start executing it. The lawyer will have to explain to the trustee the rules that have been set. He will also have to take care of the funding of the trust, which means transferring assets into the trust. He will advise the trustee on what he or she needs to do when it comes to taxes and other legal matters.

Handling businesses

If someone’s estate also includes a business, then the probate attorney needs to ensure that there is a smooth transition between owners. He or she needs to develop a plan that will allow the continuation of the business according to the wishes of the previous owner. If the previous owner has not designated a successor, the probate attorney will have to start the process of appointing one. It is vital that the lawyer understand the position the diseased person had in the business by reading all the necessary contracts and documents. Also, he will have to figure out the value of the property so that he can handle the estate tax.


If the diseased person has left some assets to be given to various charities, then it is the job of the lawyer to ensure that happens. The lawyer needs to take a close look at the wishes of his client and understand how many assets go to each charity. Of course, they will have to ensure that all the wishes can be granted if they are compliant with the law. Also, they will fill out and file all the necessary documentation.

Handling digital assets

Photo by Andrea Piacquadio from Pexels

The probate attorney will have to locate all the digital assets before he or she can do anything with them. After they have done that, they will distribute it in accordance with the wishes of its owner. They will have to create an inventory where all those assets will reside before distribution. There are also some regulations that need to be considered when dealing with the assets, so they will make sure that everything they do is done by the book. Here, it is also crucial that the lawyer understand that no one’s privacy or security can be jeopardized. 

Court representation

If any problems arise when it comes to the will or any process done after the person has died, the probate attorney will have to defend his actions in court. Many times this is done because some family members are not happy with what they got from their family member so they try to get more out of it. Of course, the probate attorney may make an error in judgment or not understand a part of the will so someone calls them out on it.

Probate attorneys offer clarity during very turbulent times within a family. Even though this job is really difficult to do, many times because you are distributing someone’s wealth, and since there are jealous people who cause problems, someone still needs to do it. These lawyers do their best to serve justice and to grant the wishes of their clients.

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