If probate of a decedent's assets is necessary, the person in charge of the probate will be overwhelmed without legal help. The forms, time deadlines, required legal notices, and court appearances are difficult to navigate even for attorneys without probate experience. Courts are most concerned about protecting the creditors of an estate and the beneficiaries' and the heirs' rights. Legal experience is essential.
Sometimes an estate is not sufficiently large to require a probate. In that case, an attorney will work with the person handling the estate to efficiently collect the assets of the estate, pay creditors, and appropriately distribute the remaining assets.
If an estate is too large to handle informally and will be subject to probate, an attorney can represent the person bringing the probate (the personal representative), or the beneficiaries of the estate, or heirs of the decedent whose estate is being probated. A "personal representative" is a general term to define the "executor" if named in the will to act, or an "administrator" if there is no will or if no one is named in the will to act.
The attorney would assist the personal representative in carrying out his/her responsibilites, including:
- Petitioning the court to be appointed personal representative and opening the probate
- Serving notice of the probate administration on the interested parties
- Handling matters specific to the decedent’s circumstances
- Obtaining a tax identification number
- Notifying regulatory agencies of the death
- Filing required forms with the county assessor
- Serving notice to creditors
- Handling creditors’ claims
- Communicating with and accounting to the beneficiaries
- Collecting assets of the estate
- Filing an inventory and appraisal of estate assets with the court
- Filing estate and income tax returns, if necessary
- Petitioning the court for final distribution
Fees for probate of a will are fixed by statute, and are allowed for both the personal representative and the attorney for the personal representative. For more information, please refer to the statutory fee schedule and sample statutory fees on this website.