10 Reasons to Hire a Probate Attorney After the Death of a Loved One
At Colorado Estate Services, we understand that losing a loved one is an incredibly difficult time. Along with the emotional toll, handling the legal and financial responsibilities that come with settling an estate can be overwhelming. While it’s technically possible to manage probate on your own—just like you could try pulling your own tooth when you have a cavity—there are many reasons why it’s better, faster, and easier to hire a probate attorney. In some cases, especially when real estate is involved, trying to handle it alone can lead to serious legal issues that may complicate matters down the road.
Here are 10 reasons why hiring a probate attorney is a smart move after the death of a loved one:
1. Expert Guidance Through a Complex Process
The probate process can be confusing, with various legal requirements, deadlines, and paperwork that must be handled precisely. A probate attorney will guide you through each step, ensuring everything is done correctly and on time. Missteps in filing documents or missing deadlines can delay the entire process, adding unnecessary stress.
2. Prevent Costly Legal Mistakes
One of the biggest risks of managing probate without an attorney is making legal mistakes, especially when dealing with real estate. If you attempt to sell property before you have the legal right to do so, it can lead to disputes and legal trouble. A probate attorney will ensure you don’t unintentionally violate laws or jeopardize the estate’s assets.
3. Efficient Handling of Paperwork
Probate requires filing various forms, such as petitions, inventories, and notices. These forms must be completed accurately and submitted to the court on time. A probate attorney can manage all the necessary paperwork, saving you time and minimizing errors that could cause delays.
4. Help With Estate Tax and Debts
Understanding how estate taxes, debts, and creditors’ claims impact the estate can be complex. A probate attorney can help navigate these financial aspects, ensuring that the estate is properly managed, debts are paid in the right order, and tax obligations are met. This reduces the likelihood of disputes or claims from creditors later on.
5. Avoid Family Conflicts
The death of a loved one can sometimes lead to tensions and disputes among family members, particularly regarding inheritance. A probate attorney acts as a neutral third party, helping to mediate any disagreements and ensure the estate is distributed according to the decedent’s wishes or, if no will exists, Colorado’s intestacy laws.
6. Protect the Personal Representative (Executor)
As the personal representative (PR) or executor of an estate, you have a fiduciary duty to act in the best interest of the estate. This role comes with significant legal responsibilities, and failure to fulfill them properly can result in personal liability. A probate attorney will protect you by ensuring that all duties are performed in accordance with the law, reducing the risk of lawsuits or other legal issues.
7. Speed Up the Probate Process
An experienced probate attorney knows how to efficiently manage the probate process, from filing the initial petition to closing the estate. By avoiding common pitfalls and errors, an attorney can help expedite the process, getting the estate settled faster and with less hassle.
8. Real Estate Complications
Real estate often presents unique challenges during probate. If the decedent owned property, especially if there are multiple heirs, selling or transferring the property can be complicated. Additionally, trying to sell real estate before you have the legal authority to do so can lead to serious legal consequences. A probate attorney ensures that the proper steps are taken to handle real estate transactions smoothly and legally.
9. Managing Assets and Investments
Beyond real estate, many estates include other assets such as bank accounts, stocks, bonds, or personal property. A probate attorney will assist in managing and distributing these assets according to the will (or intestacy laws if there is no will), ensuring that everything is properly accounted for and transferred to the rightful heirs.
10. Reduce Stress and Emotional Burden
Probate can be an emotionally draining process, especially when you’re already grieving the loss of a loved one. Hiring a probate attorney allows you to focus on healing and spending time with your family while leaving the legal complexities to a professional. They will handle the details, communicate with the court, and manage the estate, giving you peace of mind that everything is being taken care of properly.
Conclusion
While it’s possible to handle probate without an attorney, doing so is often far more complicated than it seems. Just like pulling your own tooth might seem like a way to save time and money, it’s usually better, faster, and safer to leave it to the professionals. When it comes to probate—especially when real estate or significant assets are involved—hiring a probate attorney can protect you from costly mistakes, help you avoid legal issues, and make the entire process easier.
At Colorado Estate Services, we work closely with probate attorneys who specialize in helping families navigate these difficult times. If you’re managing an estate and need guidance, don’t hesitate to reach out. We’re here to assist you through every step of the probate process, ensuring that your loved one’s estate is handled with care, professionalism, and legal expertise.