Understanding the Role of a Probate Attorney in Estate Settlement

old couple consulting estate planning

Estate settlement can be a complex and emotionally challenging process, especially during a time of grief. It involves the distribution of a deceased person’s assets, which can include property, financial accounts, and personal belongings. To ensure this process is carried out effectively and in accordance with the law, many individuals turn to a probate attorney for guidance and support.

In this blog post, we will explore the essential role that a probate attorney plays in estate settlement.

Legal Guidance and Expertise

Probate attorneys are legal professionals with specialized knowledge in estate and probate law. They provide invaluable legal guidance to the executor or personal representative of the deceased person’s estate. This includes helping them understand and navigate the legal requirements associated with the probate process, which can vary from state to state.

Each state has its own probate laws and procedures, and a probate attorney ensures that the estate settlement complies with these laws. Their expertise is particularly important when there are complex issues, disputes, or potential legal challenges.

Assisting with Document Preparation

One of the primary responsibilities of a probate attorney is to assist in preparing the necessary legal documents required for estate settlement. These documents may include:

  • Petition for Probate: This is the formal request made to the court to initiate the probate process.
  • Letters Testamentary or Letters of Administration: These documents grant the personal representative the legal authority to manage the deceased person’s assets and debts.
  • Notices to Creditors: Notify creditors of the deceased person’s passing and allow them to make claims against the estate.
  • Accounting of Assets: Detailed records of the deceased person’s assets and their value.
  • Estate Tax Returns: Ensure that any applicable estate taxes are filed correctly.

The attorney guides the executor through the process of filling out these documents, ensuring that they are accurate and submitted within the required timeframes.

Asset Identification and Valuation

Another crucial aspect of estate settlement is identifying and valuing the deceased person’s assets. This can be a challenging task, particularly if the individual has diverse holdings. Yanitza Schoonover, estate planning attorney serving South Florida, can assist the executor in locating and documenting these assets, from real estate properties and financial accounts to personal belongings and investments.

Our knowledge of valuation techniques helps determine the fair market value of these assets, which is essential for various aspects of estate settlement, including taxation and distribution.

Resolving Disputes and Challenges

Estate settlement can sometimes lead to disputes or challenges from beneficiaries or potential claimants. These disputes may involve disagreements over asset distribution, challenges to the will’s validity, or concerns regarding the personal representative’s actions.

Probate attorneys are skilled in dispute resolution and can help mediate conflicts or represent their clients in court when necessary. Their goal is to ensure a fair and equitable resolution that aligns with the deceased person’s wishes and the law.

Debt Settlement and Creditor Notification

Part of the probate process involves settling the debts and liabilities of the deceased person. This includes notifying and paying off creditors. A probate attorney plays a central role in identifying legitimate creditors, negotiating with them, and ensuring that debts are satisfied from the estate’s assets.

We also help draft the required legal notices to creditors and handle any claims made against the estate. Their expertise is crucial in preventing unwarranted or fraudulent claims.

Distribution of Assets

Once debts and taxes are settled, and all legal requirements are met, Yanitza Schoonover assists in the distribution of assets to beneficiaries as outlined in the deceased person’s will or according to the state’s laws of intestacy (if there is no will).

This involves preparing and filing the necessary documents with the court, transferring titles, and ensuring that beneficiaries receive their inheritances. They also provide counsel to the personal representative on the fair and equitable distribution of assets.

Estate Tax Planning

Estate taxes can be a significant concern, especially for larger estates. Probate attorneys are well-versed in estate tax laws and regulations. They help the estate take advantage of tax-saving strategies and deductions, ensuring that the tax burden is minimized.

Effective estate tax planning can significantly impact the amount ultimately distributed to beneficiaries and heirs.

Representation in Court

In cases where disputes or legal challenges arise, probate attorneys represent their clients in court. This representation includes preparing legal arguments, presenting evidence, and advocating for their clients’ interests.

Probate litigation can be complex, and having an experienced attorney by your side is invaluable in achieving a favorable outcome.

Fiduciary Duty

Probate attorneys, as officers of the court, are bound by a fiduciary duty to act in their clients’ best interests. They must always prioritize the needs and rights of the beneficiaries and the deceased person’s wishes.

This fiduciary duty extends to handling estate funds, maintaining transparent records, and ensuring that assets are preserved and distributed appropriately.

Support and Compassion

Beyond their legal role, probate attorneys often provide emotional support to the executor and beneficiaries. The process of estate settlement can be emotionally challenging, especially when it involves the loss of a loved one. Attorneys offer compassionate guidance and understanding during this difficult time.


If you are facing the challenges of estate settlement or have concerns about probate, seeking the assistance of a qualified probate attorney is a wise decision. Yanitza Schoonover’s knowledge and expertise ensures that the process is carried out with diligence, accuracy, and in compliance with the law, ultimately easing the burden on you and your family. Call us today to learn more about how we can help.


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