Who Do Probate Attorneys Represent?

After someone passes away, a legal process for administering and distributing the decedent’s estate, known as probate, commences. The probate process involves several key steps, including appointing a personal representative (an executor or administrator), identifying and inventorying assets, notification of creditors, payment of debts, and distribution of assets to beneficiaries or heirs. Probate attorneys play a crucial role in the probate process. A probate attorney can help navigate the complexities of this legal process. It is vital for anyone involved in the probate process to understand who a probate attorney can represent.

Who Does a Probate Attorney Represent?

Probate attorneys specialize in guiding parties through the legal process of probate. Probate attorneys ensure the decedent’s estate is distributed correctly and any outstanding obligations are settled. So, who exactly do probate attorneys represent? Some people assume that probate attorneys only represent personal representatives. This is not true. Probate attorneys can represent various interested parties in the probate process. Below is a look at some of the interested parties probate attorneys represent;

Personal Representatives

The first main parties probate attorneys represent are personal representatives. This can either be an executor (if there is a Will) or an administrator (if there is no Will). A personal representative is responsible for administering a decedent’s estate. A probate attorney can help an executor or administrator carry out their duties, including identifying and appraising estate assets, notifying creditors, paying debts and taxes, and distributing assets to beneficiaries or heirs. A probate attorney can ensure procedures, requirements, and timelines are adhered to. In cases where disputes arise with beneficiaries, family members, or creditors, a probate attorney can help resolve those issues.

Beneficiaries and Heirs

Probate attorneys also represent beneficiaries and heirs. Beneficiaries are individuals or entities named in a decedent’s Will to receive specific assets from the estate. They include spouses, children, parents, siblings, friends, or charitable organizations. On the other hand, heirs inherit a decedent’s estate when there is no Will. The state’s intestate succession laws dictate who qualifies as an heir. A probate attorney can ensure that a beneficiary’s or heir’s rights and interests are protected. A probate attorney can clarify what a beneficiary or heir is entitled to receive from the estate and address any concerns and disputes that may arise. Probate attorneys represent heirs and beneficiaries to ensure they receive the inheritances they are entitled to.

Creditors

Another category of interested parties probate attorneys represent are creditors. These are people or entities to whom money is owed. When a person dies, their debts don’t die with them. Creditors have a right to seek repayment from a decedent’s estate. A creditor can hire a probate attorney to help them navigate the complex process of making a claim against a decedent’s estate. A probate attorney can help a creditor file their claim on time. They can defend creditors if a personal representative tries to deny their claim. A probate attorney can advocate for a creditor’s right to be prioritized and repaid.

Contact The Probate Guy

If you need the help of a probate attorney, contact the dedicated California probate attorney, Robert L. Cohen – The Probate Guy – today to schedule a telephonic consultation.

Southern California Probate Lawyer Serving Orange, Riverside, Anaheim, Whittier & Beyond.