What Is The Role Of A Probate Lawyer, And How Can They Assist Me?

August 16, 2024    Estate Planning Lawyers Perth
What Is The Role Of A Probate Lawyer, And How Can They Assist Me?

If you are an executor or a beneficiary of a will left by a loved one, then it is time you seek the assistance of Probates Legal Services Perth.

Firstly, let us know what probate is. It is the process of validating the will and distributing the property as mentioned by its maker. This legal proceeding can be made easy by a legal expert who has experience in such matters.

In this blog, we will talk about probate lawyers’ roles and what they do. Apart from this, we will also see why it is a smart choice to hire them. So, let’s continue reading to learn more.

Who are probate lawyers?

Often known as estate or succession lawyers, these experts assist administrators in managing the process of probate. Apart from this, they also assist with Administration and wise executors about their duties.

Probate lawyers vs estate planning lawyers

Although they practice under the same law, there is a major difference between the two. The former works with the family estate once a loved one has departed, whereas the latter works with living clients to help them plan their will and estate. In some special cases, a probate lawyer can also be an estate lawyer.

What are the duties of a probate lawyer?

The duties of a probate lawyer vary from case to case. If the deceased has left a will prior to their death, then the duties will differ from those if they have not left one.

  • If a deceased has left a will

If a person dies after creating a will, probate lawyers in Perth may be summoned for legal advice to the beneficiaries or the estate administrator. These experts may assess the will to understand whether it was signed under duress or not. If this is the case, the wills can be challenged.

  • If the deceased has passed away without a will

If the person dies intestate, then the lawyer will follow the rules of intestacy. According to the law, the property will be distributed regardless of the deceased’s desire. However, the law varies from state to state, and the rules will be followed in the state where the property is located. For example, the South Australian rules state that the surviving spouse will receive a part or whole of the property once the other spouse dies.

Apart from this, probate lawyers in Perth WA can be hired to assist the estate administrator in dividing the property. The legal representative can assist in the probate procedure by securing the assets and providing representation in the probate court.

The role of a probate lawyer

These lawyers in Perth will do the following roles:

  • Asset management: They will identify, value, gather, and manage the property left by the deceased.
  • Document preparation and filing: With the executor’s instruction, they will prepare and file the necessary documents for the probate, which will include preparing and lodging the application.
  • Debt settlement: Before distributing the inheritance, the outstanding debts and taxes must be paid in full.
  • Estate distribution: After settling the debts, the remaining property is then distributed among the beneficiaries as per the will left by the deceased.
  • Legal advice and court representation: Throughout the probate process, the best estate planning lawyers help the family of the deceased with any complexity that may arise with the will.
  • Dispute resolution: In case the will is contested or an issue arises among the beneficiaries, then the solicitor provides advice or mediation as necessary.

What else do they do?

Apart from this, the best probate lawyers in Perth provide a clear explanation of the legal procedures and represent you in the court if the necessity arises. Through strategic planning, they help clear the income and estate taxes. Besides these, they also assist in dispute resolution and saving time. In simple terms, they handle all the legal issues during your tough time, saving you emotional stress.

Conclusion

As probate can be a challenging issue, especially during emotional duress, it is essential that you contact estate planning lawyers in Perth. The caring and experienced estate planning lawyers in Perth can help you get the probate matter sorted regardless of its intensity. So speak to these experts today by contacting them on their website. With their services, you can navigate these issues with confidence and clarity.

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