When To Hire A Probate Attorney

Dealing with the death of a loved one is never easy. In addition to the emotional toll, you may find yourself navigating the complex legal process of probate. Probate is the legal procedure through which a deceased person’s estate is administered, and it can involve a range of legal challenges that require expert knowledge. While some may choose to handle probate on their own, hiring a probate attorney can save you time, stress, and potential complications. But how do you know when you should hire an attorney? Here’s a breakdown of when it makes sense to seek professional help.

1. When the Estate Involves Complex Assets

If the deceased person’s estate includes complex assets like real estate in multiple states, business interests, or significant investments, navigating probate can be difficult without legal expertise. A probate attorney will understand how to handle these types of assets and can help you ensure that everything is properly valued, filed, and distributed according to the will and Missouri law.



For instance, if the estate involves real property in Missouri and another state, a probate attorney can help you navigate the legal nuances of probate across jurisdictions. Without expert guidance, you could easily overlook key steps, causing delays or legal challenges down the line.

2. When There’s No Will (Intestate Succession)

If your loved one passed away without a will (intestate), the probate process in Missouri can become significantly more complicated. Without clear instructions on how to distribute the estate, the court will decide based on Missouri’s intestacy laws, which may not reflect what the deceased person would have wanted. A probate attorney can guide you through the intestate succession process, helping to ensure that heirs receive what they’re entitled to according to state law.

3. When There’s Disputes Among Heirs or Beneficiaries

Family conflicts are unfortunately common during the probate process, especially when multiple parties have different views on how the estate should be handled. Disputes over a will’s validity, inheritance shares, or the distribution of assets can make an already difficult situation even more stressful. A probate attorney can help mediate and resolve these disputes and ensure the probate process continues smoothly without further legal entanglements. If litigation becomes necessary, a probate attorney will also represent your interests in court.

4. When the Estate Includes a Trust

Some people may create a trust as part of their estate plan, which can often bypass the formal probate process. However, trusts come with their own set of rules and requirements. If the estate includes a trust, a probate attorney is crucial to help you understand the terms of the trust, handle the proper distribution of assets, and ensure the trust is administered according to the deceased’s wishes. A probate attorney can also help if there are any issues regarding the trust’s validity or distribution.

5. When You Don’t Have the Time or Knowledge to Handle Probate

Probate can be time-consuming and confusing. Even if the estate is relatively straightforward, managing the paperwork, meeting deadlines, and ensuring all legal requirements are met can be overwhelming. If you’re already juggling work, family responsibilities, or other personal matters, a probate attorney can help you navigate the process and ensure things are handled properly.

6. When There Are Debts or Creditor Claims

If the deceased person’s estate has outstanding debts, it’s essential to address these claims during the probate process. Creditors have a legal right to make claims against the estate, and Missouri law sets guidelines for how these debts should be handled. A probate attorney can help you determine which debts need to be paid, how to prioritize payments, and whether any creditors are making improper claims. Failing to deal with debts properly could result in personal liability for the executor or administrator of the estate.

7. When You Need Help With Tax Issues

Probate involves more than just distributing assets. The estate may be subject to state and federal taxes, including estate taxes, inheritance taxes, and income taxes. A probate attorney can help you navigate these tax requirements and ensure that the estate complies with Missouri’s tax laws. They can also assist with filing the necessary tax returns on behalf of the estate, ensuring that taxes are paid in a timely manner to avoid penalties.

8. When You’re an Executor or Personal Representative

If you’ve been named the executor or personal representative of the estate, you may be wondering how to fulfill your duties while also adhering to Missouri’s probate laws. The responsibilities of an executor include managing the deceased person’s assets, paying debts, filing taxes, and distributing assets to beneficiaries. A probate attorney can guide you through these duties, ensuring you comply with all legal requirements and avoid personal liability.

9. When You’re Unsure About the Probate Process

If you’re unsure whether you need an attorney or don’t know where to start, consulting with a probate attorney in Missouri can provide clarity. They can review the situation, explain your options, and help you make an informed decision about how to proceed with probate. The sooner you consult an attorney, the more smoothly the process will likely go.

Conclusion

While not every probate case requires an attorney, many estates involve situations where hiring a probate lawyer can be incredibly beneficial. Whether you’re dealing with complex assets, disputes among beneficiaries, or navigating the probate process for the first time, a Missouri probate attorney can provide valuable expertise, ensure compliance with state laws, and reduce the risk of complications. If you find yourself in any of the situations mentioned above, it’s time to consider bringing in professional legal assistance to help guide you through the probate process. Daniel Finder at Finder Law, LLC has over 10 years of experience in probate law & estate planning & can help guide you through this process.

Call our office today to schedule a consultation.