Does An Executor Have To Hire A Probate Lawyer?

A probate lawyer advises those involved in the probate process. Anyone involved in probate should have legal help to make sure their interests are protected and the wishes of the deceased are respected. While heirs or beneficiaries should have an attorney representing them because it is their inheritance which is at stake during the probate proceedings, they do not have an active role to play in filing court paperwork, taking care of tax issues and managing the probate process. It is the executor (sometimes referred to as the personal representative or administrator) of an estate who is responsible for the probate and therefore it is the executors who should strongly consider hiring legal help. 

While executors aren’t required by law to hire an attorney to guide them through the probate process, they have a fiduciary duty and must fulfill their role as executor properly once they agree to take on the substantial responsibility this entails.

An executor has many obligations during probate, some of which require an in-depth understanding of complex laws related to taxes, title transfers and more. Navigating through this probate process and facilitating the effective transfer of assets without a lawyer could be really difficult and is not something that most executors should attempt to do.  A court or judge will not and cannot advise you on the procedures that need to be followed.

Parman & Easterday can provide help to executors who are in charge of winding up the affairs of a deceased person though a probate. We know executors have a great deal of responsibility and honoring the wishes of the deceased has fallen on their shoulders. We help make sure the probate goes as quickly and smoothly as possible by advising you and taking care of the many technical issues on your behalf. Give us a call as soon as you have been named executor of an estate so we can help you make the right choices throughout the probate process.

Why Is It Important For An Executor To Hire A Lawyer?

When a will is created, the deceased chooses someone who will serve as executor of an estate, but it is the court that appoints that person as executor.  Once appointed, the executor has many legal responsibilities to fulfill. An executor who fails to fulfill his legal obligations could cause the value of an estate to be reduced and assets to be lost. An executor can be removed from his position if such problems arise, and could even be held legally responsible if actions he took caused a reduction in the value of the estate.

We know you want to honor the wishes of the deceased and do the best job possible as executor, while protecting the inheritance the deceased left for loved ones. An attorney can help you to do all of this and more.

What Does A Probate Lawyer Do To Help?

A probate lawyer can make the probate easier for executors. Our legal team will:

• Explain your obligations, including managing the assets of the deceased.
• Help you find experts, such as business valuation experts, if necessary to determine an estate’s total value.
• Assist in preparing and filing all court paperwork associated with probating the will.
• Help you provide the required notice of the probate to interested parties and to potential creditors who may want to make claims for outstanding debts owed by the estate.
• File tax forms and paperwork on your behalf to comply with estate tax laws.
• Represent you in all probate court proceedings.
• Defend the validity of a last will and testament if someone decides to contest the will the deceased left behind.

These are just some of the key tasks with which an attorney can assist an executor during the probate process. Our legal team can also help heirs or beneficiaries and will provide representation that is personalized to their needs.

Getting Help From An Oklahoma City Probate Lawyer

Parman & Easterday has represented many executors during the process of winding up the affairs of someone who has passed away. Our compassionate and knowledgeable legal professionals will ensure you fulfill your role as executor and help eliminate the stress of going through probate.

To find out more about probate or what is involved with serving as en executor of an estate, join us for a free seminar. You can also give us a call today at (405) 843-6100 or (913) 385-9400 or contact us online to get personalized advice on probate, estate planning and more. Give us a call today if you are an executor, heir or beneficiary, or otherwise involved in probate.