People often state that probate is a routine legal process. Each estate goes through a probate court to ensure that the system protects the rights of everyone who has a stake in the estate. Even when a case proves routine, there are several reasons to hire a probate attorney.

Not All Cases Are Routine

The first reason to work with a probate lawyer is that not every case is routine. Some probates are just the lead-in to litigation. If many people believe the estate didn't properly represent their interests, there may be litigation even if those individuals are wrong. Likewise, some estates are complex enough that the judge will have questions even if the court feels that everything is fine.

Notably, a robust estate process may discourage litigation. Once people get sensible answers to their questions, they often decide that lawsuits aren't worth the bother. Some may also determine that their stake in the estate isn't sufficient to justify litigation.

Asset Distribution and Protection

Especially with high-value estates, there may be some questions about the asset distribution process. The grantor might have used several vehicles like trusts, tax-deferred accounts, and payable-upon-death benefits to limit the estate's tax and liability exposure. As long as the estate is properly configured, this is normal. However, tax agencies and creditors might challenge this sort of asset protection. A probate attorney can assist beneficiaries in working with the court to maximize the odds that all distributions will go as the grantor had planned.

Paperwork

Even if the structure of an estate is simple, there can be lots of paperwork. Remember, the court wants to know that good-faith efforts went into protecting everyone's interests. An executor must document that they went to all reasonable lengths to identify and contact every beneficiary. They also need to show what they distributed and to whom.

Similarly, an executor has to document the estate's expenses. If they needed to maintain the grantor's house while it was for sale, the executor might've encountered repair issues. They need to document the repair costs and offset them with funds from the estate. Also, they need to document who did the repairs to avoid the appearance of favoritism or self-dealing. The estate may also need to cover utilities to prevent busted pipes or mold in the house.

Naturally, you'll want the paperwork to be as error-free as possible. A probate lawyer can ensure that you're filing the correct forms and entering the right information.