close

August 2022

Law

The Role of the Attorney in Estate Administration

You’ve been named the executor of an estate. What now? As the executor, you ensure that the estate’s assets are correctly distributed to the beneficiaries. But you are not alone in this process. You must work with an attorney to ensure everything is done according to the law.

The attorney’s role in estate administration is to advise the executor on the legal aspects of the job. They will help you understand the probate process and ensure that all necessary paperwork is filed correctly. They will also represent the estate in court if there are any disputes.

Here are more detailed roles of an estate administration attorney:

1- Assist the executor in filing the necessary paperwork

All the paperwork related to the estate must be filed with the court. This includes the will, inventory of assets, and list of creditors. The attorney can help you ensure that everything is filed correctly.

2- Advise on probate procedures

Probate is the legal process of distributing a deceased person’s assets. The attorney can advise you on the steps you need to take to ensure that the probate process goes smoothly.

3- Represent the estate in court

If there are any disputes over the distribution of assets, the attorney can represent the estate in court. They will advocate for the interests of the beneficiaries and ensure that the estate is administered according to the law.

4- Handle tax matters

The attorney can also help with any tax matters related to the estate. They can ensure that the estate pays all of its required taxes and file any necessary tax returns.

5- Distribute assets to beneficiaries

After all, debts have been paid, and taxes have been taken care of, the attorney can help distribute the remaining assets to the beneficiaries. They will ensure everything is done according to the law and the deceased’s wishes.

6- Close the estate

Once the assets have been distributed, the attorney can help close the estate. This involves filing the final paperwork with the court and ensuring that all debts and taxes have been paid.

There are different factors to consider when looking for this attorney, including;

  1. a) Level of experience- You want an attorney with significant experience handling estate administration cases. They should be familiar with the probate process and the laws that apply to your lawsuit.
  2. b) Availability- The attorney should be available to answer your questions and address your concerns promptly. They should also be responsive to your phone calls and emails.
  3. c) Personality- You must find an attorney who you are comfortable working with. They should be someone who you can trust and who you feel confident in their ability to represent your interests.
  4. d) Fee structure- Ensure you understand how the attorney charges for their services. Some attorneys charge by the hour, while others charge a flat fee. Some attorneys will take a percentage of the estate’s assets as their fee.

If you have been named the executor of an estate, contact an experienced estate administration attorney to get started on the process. They can advise you on the legal aspects of the job and help ensure that everything is done according to the law.

Working with an attorney can make the estate administration process much easier. They can help you navigate the job’s legal aspects and ensure that everything is done according to the law.

read more