You may be familiar with personal injury or criminal defense lawyers — but what do probate lawyers do? While many people think of probate lawyers as simply people who handle the paperwork after someone dies, you can use a probate lawyer for a variety of legal services related to the administration of an estate.
Probate lawyers help their clients navigate the probate process following the death of a loved one. Although there is some overlap, they specialize in a different form of law than estate attorneys. Probate costs can vary depending on the size of the estate. At Johnson, Murrell, & Associates, you’ll work with probate specialists to guide you through the legal process.
What Does a Probate Attorney Do?
A probate lawyer is a legal professional who specializes in helping clients move through the probate process. Also known as a probate attorney, your probate lawyer will help settle your loved one’s estate after they have passed.
For example, an estate plan can be dictated by a will, which will require probate court. It can also be directed by a trust, which avoids probate court—although in some cases a trust does not account for every asset and probate is still required. Probate lawyers can also be of significant help in cases where the deceased died intestate (without a will).
As a licensed attorney, a probate lawyer can represent the:
- Executor of an estate
- Personal representative of an estate
- Heir to an estate (beneficiary)
They can sometimes play a larger role in cases where there is a conflict between the executor and beneficiaries or there is a dispute about the will.
So what is a probate lawyer used for? They can help with legal matters such as:
- Opening and managing a checking account for the estate
- Notifying creditors and paying debts
- Distributing assets according to the will and state law
- Resolving disputes and challenges regarding the estate
- Filing all legal documents related to the probate process
Probate is often a longer and more complicated process than most people realize at the outset. The benefit of hiring a probate lawyer is that each step in the process can happen as quickly as possible. When you hire a probate lawyer in Tennessee, you’re getting more than a legal process expert. You’re gaining a partner who can help you navigate state laws and help unload the burden from your shoulders.
Is a Probate Lawyer the Same as an Estate Attorney?
A probate lawyer is not the same as an estate attorney, but their roles can overlap at times. Both can handle issues related to the decedent’s assets. Yet, the scope of an estate attorney is much wider than a probate lawyer, encompassing estate planning and probate.
What is a probate attorney used for in estate law?
As the name suggests, a probate lawyer specializes in the probate court process. In this process, the court supervises the administering of the decedent’s estate.
This can include tasks such as:
- Verifying the decedent’s will
- Paying taxes and debts
- Settling beneficiary disputes
What is an estate attorney used for in estate law?
Estate attorneys bring a broader focus to an estate. For example, they may help plan and manage the decedent’s assets while they are still alive and continue this role once they have passed.
They may have helped draw up important documents while a client was alive, such as:
- Wills
- Trusts
- Powers of attorney
If it involves managing assets and protecting them from taxes and debts, then an estate attorney may have played a part in it. This can be when their client is still alive or after they have passed away. An estate attorney can help their client distribute their assets during their lifetime. They can also help executors of estates navigate the complexities of estate law.
What Is the Cost of Probate?
One of the biggest questions people ask about probate is how much it will cost. There are many factors that can enter into the probate process, so it’s hard to give a concrete number.
Estate factors that can affect the cost of probate include:
- Size
- Value
- If there is real estate in another state
- Disputes among beneficiaries
This is why probate in Tennessee (and across the country) can cost anywhere between a few thousand and tens of thousands of dollars.
Fortunately, there are other costs that are easier to estimate. These include:
- Attorney fees
- Court fees
- Executor fees
Appraisal fees may also be necessary depending on the decedent’s assets. Once these have been established, you can start working on taxes and other debts.
Learn more about the cost of probate and what each step of the process entails.
In a straightforward case, attorneys may charge between $200 and $300 per hour or a flat fee between $1,500 and $4,000. Flat fees may be preferable in these cases since it means the executor won’t have to keep track of hours. This also cuts down on the risk of ending up with a high bill. In a flat fee case, you should be aware of what services are covered and which are not.
Johnson, Murrell, & Associates charges a flat fee and informs clients of the cost upfront, so they know exactly what to expect.
Do you need help from a probate lawyer? Contact us today to schedule your free consultation!
You can get help from a probate lawyer to navigate the probate process after the passing of a loved one. Unlike estate lawyers, their specialty is focused on the complexities and nuances that probate law brings. The cost of probate can vary based on certain factors about the estate. Johnson, Murrell, & Associates, is the perfect team to guide you through probate court.
At Johnson, Murrell, & Associates, we understand that handling a loved one’s estate and bills after their passing is an emotional, stressful experience. Our job is to make your life easier, which means guiding you through the process so you understand what’s to come. To schedule a consultation, call us at 865-453-9943 or schedule an appointment.
