Probate Lawyer

A Delaware probate lawyer can assist you if you have recently been named as a personal representative of a loved one’s estate. You might have stepped forward to serve as a personal representative of a loved one’s estate because there was no one else willing to serve in this role and there is no current will outlining what the testator wanted to happen to their property.

You could have also been named in this role because a will was created by the testator and you were named as the person responsible for stepping in as a personal representative or executor. In these cases the support of an experienced attorney can have a significant impact on the outcome of the case. Trying to manage all of the different responsibilities of an estate administrator can be overwhelming, particularly if you have never served in this role before. The support of a lawyer can help you to get many questions answered in a timely fashion.

A Delaware probate lawyer should be able to guide you through what to anticipate and help you to avoid many of the most common missteps that can lead to will challenges, will contests and other probate dispute litigation.

Understanding Probate and Estate Administration Services

Probate can be a confusing and difficult process in Delaware adding to an already difficult time when you are focused on grief. Furthermore, you might have multiple beneficiaries in the estate asking you questions about it. This is why you will want to understand the benefits of hiring a probate attorney in Delaware to help you manage all of these different tasks, keep them organized, minimize your personal liability and perceive with a clear idea of your role and the timeline that it might take.

Some of the issues that may arise as you hire a Delaware probate attorney can include:

  • Preparing signature cards for an estate bank account.
  • Drafting tax identification number applications.
  • Determining whether full probate is required.
  • Officially recording the will with the register of wills.
  • Preparing documents for opening an estate.
  • Negotiating any creditor claims.
  • Helping with opening a bank account in the estate’s name.
  • Closing out the bank accounts for the decedent.
  • Sending out date of death valuation letters to determine account values.
  • Filing paperwork for life insurance claims.
  • Assisting and extending any insurance coverage to protect motor vehicles, homes and other assets until the estate has been fully distributed.
  • Filling out a sworn descriptive list that details any liabilities or expenses the estate has incurred.

A probate executor in Delaware in in the unique situation to handle multiple different aspects of closing out a person’s estate. Furthermore, this can become much more complicated when there are will contests or other issues of probate dispute litigation. In these litigation cases, it is powerful to have an attorney to help advise the personal representative about how they need to handle this situation and how best to protect themselves from any issues around personal liability.

When and How to Retain a Probate Lawyer

As soon as possible after you have been appointed the personal representative of a loved one’s estate, it is beneficial to reach out and seek the services of an attorney. This is because you can find yourself in over your head sooner than you anticipated and showing that you have taken the necessary steps to protect the estate and the beneficiaries within it can give you peace of mind that you’ll be able to serve in this role.

Bear in mind that you do not have to accept an appointment as an estate’s personal representative but you may feel an obligation to your loved one who put you in this role, or you may feel as though there are no other people to step forward and handle it. In these cases, it is beneficial to have a lawyer who can assist you with all of the necessary paperwork and allow you to keep strong records in the event that any issues of a dispute arise.

When probate is on the horizon for an individual appointed as a personal representative, organization and understanding are key for success. Hiring a lawyer to help with this can have a big impact.

Contact Information