Probate AttorneysProbate attorneys specialize in the process that takes place regarding the transferring of property after a person's death. To give you a better sense of this process, consider all of the pieces of property a person might be in possession of: real estate, personal property, automobiles, stocks & bonds, bank accounts, jewelry, etc. That is a lot of "stuff" to deal with, and it must all be dealt with. The title must be transferred into someone else or something else's name.

Also, keep in mind that assets do not always come unencumbered. Just because a person dies does not mean that their mortgage payment is no longer due, or that their credit card debt is forgiven. Student loans are one of the (if not the) only exception to this rule.

The Probate Attorney's Role

Whether the property is to be devised according to a will, or according to state default laws, probate attorneys handle all aspects of the legal and administrative process, including:

  • Conducting an inventory of the assets
  • Paying any debts or taxes
  • Facilitating distribution of assets to the heirs
  • Handle disputes and/or litigation over relevant assets

Click for more information regarding Probate Law and Legal Resources. If you are looking for an attorney to help you through the process, be sure to search LawInfo's directory of experienced Probate Attorneys. Alternatively, if you are just getting started with determining how to devise your assets, read more about Estate Planning.