Estate Planning and Probate Attorneys
Planning for the future and handling a loved one’s affairs after a death are two of the most important things a family will do. The estate planning and probate firms below have each been recognized in the ELA Awards for helping families protect what they have built and settle estates with less stress. Each profile shows the services the firm offers, its attorneys, and its office locations so you can find a recognized firm near you.
What an Estate Planning and Probate Attorney Does
On the planning side, an estate planning attorney helps you decide who will receive your property, who will care for minor children, and who can make financial and medical decisions if you cannot. On the probate side, an attorney guides executors and families through the court process of settling an estate, from filing the will to paying debts and distributing assets. Many firms do both, which means the lawyer who drafts your plan can also help your family carry it out.
Services Recognized Firms Provide
- Wills
- Revocable living trusts and other trusts
- Powers of attorney
- Health care directives and living wills
- Beneficiary designation reviews
- Probate and estate administration
- Trust administration
- Guardianship and conservatorship
- Elder law and long-term care planning
- Will and trust disputes
How Estate Plans and Probate Work
Probate is the court-supervised process for settling the estate of someone who has died. It generally applies to assets that were in the person’s name alone with no co-owner or named beneficiary. Many assets pass outside probate, including life insurance and retirement accounts with named beneficiaries, payable-on-death and transfer-on-death accounts, property held in joint tenancy with right of survivorship, and assets held in a living trust. Most states also offer a simplified process, such as a small estate affidavit, when the probate assets fall under a set value. Rules for signing a valid will, the dollar limits for small estates, and probate procedures all vary by state, so a plan should be prepared and reviewed under the law where you live.
Choosing an Estate Planning Firm
Look for an attorney who focuses on estate planning or probate rather than handling it occasionally. Ask whether the firm charges a flat fee for planning documents, which is common, and what is included. If you own property in more than one state, have a blended family, own a business, or have a family member with special needs, mention it early, since those situations call for more careful planning. Plan to review your documents after major life events such as a marriage, divorce, birth, or move.
Frequently Asked Questions
Do I need a will if I do not have many assets?
A will does more than distribute property. It also lets you name a guardian for minor children and choose the person who will manage your estate. Without one, state law decides who inherits and who is in charge.
What is the difference between a will and a living trust?
A will takes effect at death and usually goes through probate. A revocable living trust holds assets during your lifetime and can pass them to your beneficiaries without probate, as long as the assets were properly transferred into the trust.
How long does probate take?
It depends on the state, the size of the estate, and whether anyone contests the will. Simple estates may wrap up in several months, while complex or disputed estates can take longer.
What does an executor do?
An executor, sometimes called a personal representative, gathers the estate’s assets, pays valid debts and taxes, and distributes what remains according to the will. A probate attorney can guide the executor through each step.
What happens if someone dies without a will?
Their probate property passes according to the state’s intestacy laws, which generally favor spouses, children, and other close relatives. The court will also appoint someone to administer the estate.