Avail 50% Discount - Limited Time OfferCheck More

Fri Feb 09 2024

5 min read

Who Is Probate Attorney? Everything You Need To Know

Home >> Blogs >> Who Is Probate Attorney? Everything You Need To Know
probate attorney

‘Probate’ - Let us break down the term to understand it thoroughly. Probate is a legal procedure that takes place after the death of an individual. An attorney is a person who has specialized in legal studies, passed the bar exam, and can represent a legal case in a court of law.  

So, if we combine the words, the meaning would conclude to a licensed attorney who can represent the procedure of an estate administration in a court of law after the death of an individual. In simple words, probate is when an estate’s ownership is in a dead person’s name.

Difference Between Probate Attorney and Probate Lawyer

Now, let us come to a common mistake people make when it comes to probate attorneys and probate lawyers. No, the work is different. An attorney and an advocate are the same people and their work is also similar. An attorney can be a lawyer but a lawyer can not be an attorney. It is because an attorney can represent a case in a court of law, whereas a lawyer is unable to represent a case in the case of the law. The work a probate lawyer can do is, provide legal services, suggestions, and bits of advice to a legal team or an advocate.  

The Job of a Probate Attorney

A job of a probate attorney is supposed to be a state-licensed and practicing attorney who has been working with real estate, criminal and trustee matters. It is not necessary for a probate attorney to just have specialized in probate procedures and duties. Some attorneys have a huge amount of knowledge in immigration and some have criminal law. But, some tend to concentrate on real estate matters. When a client is hiring a probate attorney, he/she should ask them the following question:

  1. Area of expertise
  2. Practice sector
  3. Duration in probate matters

Filing a Petition

The first job of a probate attorney after being hired should be filing the petition for probate to appoint someone as their representative. The attorney’s job consists of defense, filing, claiming, and also reaching a point where he/she gets to fight for who can be the person to receive the will.

Generally, attorneys are necessary for the probate method, although they are not needed in a court of law. To place it merely, laypeople do not understand how to handle a probate case. It will become lengthy for people who don’t know probate law. 

Non-lawyers will thus simply do one thing wrong, or fail to grant correct notice of a hearing on a petition, requiring that the matter be risen or not, and have to be compelled to return at the court of law hoping to try and do it right in the next time.

Probate Court

A probate court is also known as a surrogate court. The probate court is specialized in matters when it comes to deceased people and their wills. If there is any issue regarding a dead person’s property, the probate court makes an ultimate decision about who is to look after the estate. In many cases, probate matters are taken forth by chancery courts and other courts involving equity.

How Does Probate Work?

After your death, the person you have named as trustee, or if you have died without a will, a person will be appointed by the judge. This person will submit documents to the local probate court. 

The trustee will prove the validity of your will and present the list which includes your properties, debts, personal assets and belongings, and also the person who is supposed to look after the will you have left behind. After this, the related people regarding the case and your life are informed about your death.

How Much Time Does the Probate Period Take to Complete?

The trustee must be able to take care of your assets and liabilities for the period in which the probate procedure will take place. The probate process is time-consuming. The period generally extends from a few months to a year or so. The trustee has the power to decide what to sell and keep in the will depending on the content of the property and the number of debts.

For example, if the will makes a huge amount of cash and the estate has several valuable collections, the belongings can be sold to make and produce cash to pay for the debts. In many cases, the blood relatives ask the probate court to grant permission so that the debtors can be paid. But after further interrogation, the court permits the trustee to sell some of the wills to pay them.

Does all Real Estate Go Through the Same Probate Procedure?

No, in some of the very conservative parts of India, the process does not repeat. Most states allow a specific amount of money so that it can be moved free of the whole probate process.

Significance of Probate Procedure

While the probate procedure is crucial and particularly once lawyers are concerned, they solely take off from what beneficiaries get from a person’s will. The method may be stripped down and fairly easy. Not all property is needed to go through probate. A certain quantity of property is sometimes measured by US dollars that may be restricted and distributed while it is not the requirement for probate. 

If there is an important property left over, there are simplified procedures that will quickly and simply transfer the property to the supposed or desired owner. Probate is specifically acceptable and necessary for people with a huge part of the property or wealth and even a lot is required if there are, or can doubtless be the people who are involved in the dead individual’s will and the way the relevant assets are aiming to be distributed. 


The probate method is common and particularly useful in cases wherever the deceased owns or owned a huge quantity of property or possessions, yet once there is an honest probability that ‘the will’ goes to be opposed. For people with less property or firmly established plans to traumatize their things once they have passed the probate process. If it is even necessary the probate process may be fairly fast and painless.