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Understanding the Role of a Probate Lawyer: Navigating Estate Matters

When it comes to managing the affairs of a deceased loved one, the process can be complex and emotionally taxing. This is where the expertise of a probate lawyer becomes invaluable. At McBrien Armistead Law Group, we understand the intricacies of probate law and are dedicated to simplifying this process. In this blog, we will address common questions about probate lawyers, including what they do, why you might need one, and what to expect from their services.

What Does a Probate Lawyer Do?

A probate lawyer, also known as a probate attorney, inheritance lawyer, or estate planning and probate attorney, plays a critical role in administering a deceased person’s estate. Their responsibilities encompass a wide range of legal tasks to ensure the decedent’s assets are distributed according to their will or, in the absence of a will, under the state’s intestacy laws.

The duties of a probate lawyer include but are not limited to:

  • Advising executors and beneficiaries on their legal and financial rights.
  • Filing necessary court documents to initiate and progress the probate process.
  • Helping to identify and secure the estate’s assets.
  • Assisting in the payment of debts and taxes owed by the estate.
  • Facilitating the distribution of the deceased’s assets to the rightful beneficiaries.

Why Would You Need a Probate Attorney?

Navigating the probate process can be daunting, especially during grief. Here are several reasons why enlisting a probate attorney is beneficial:

  • Legal Expertise: Probate laws vary by state and can be complex. A probate lawyer ensures compliance with all legal requirements, minimizing the risk of disputes.
  • Efficiency: With their understanding of the probate process, probate lawyers can expedite the resolution of an estate, allowing beneficiaries to receive their inheritance sooner.
  • Dispute Resolution: In instances of disagreements among beneficiaries or between beneficiaries and executors, a probate lawyer can provide mediation and legal representation.

What to Expect from a Probate Attorney

When you engage a probate attorney, you can expect comprehensive support throughout the probate process. They will guide every step, from filing the initial petition to closing the estate. A good probate lawyer will make you well-informed and help you make decisions that align with the estate plan and legal requirements.

Do I Need a Probate Lawyer?

While not every estate requires a probate attorney’s services, their expertise is crucial in some circumstances. Legal guidance is invaluable in large estates, those with significant debt, or estates subject to disputes among heirs. Additionally, if the estate involves complex assets, such as businesses or properties in multiple states, a probate lawyer can navigate these complexities efficiently.


The role of a probate lawyer is pivotal in ensuring the smooth administration of an estate following the death of a loved one. A probate attorney alleviates the burden on executors and beneficiaries by providing legal expertise, facilitating the probate process, and resolving disputes. At McBrien Armistead Law Group, our experienced probate lawyers are here to guide you through every step of this process, ensuring your loved one’s wishes are honored, and your rights are protected. If you’re navigating the challenges of estate administration, consider contacting us for compassionate and competent legal support.

Thank you for reading!