Probate proceedings are usually necessary after a person passes away. A surviving family member or a close friend might step up to act as a personal representative of the estate. The deceased party may have selected someone, or people may volunteer for the position.
The personal representative must manage estate resources, handle financial obligations and attend probate court proceedings. It could easily take half a year or more to fulfill all probate responsibilities. Many people might hope to manage estate administration on their own, possibly to keep costs as low as possible. However, many others choose to hire a probate attorney familiar with the demands of estate administration.
Is it reasonable to forgo legal representation while administering an estate?
Personal representatives assume risk
There is a degree of liability that comes with estate administration that many people overlook. Personal representatives have a fiduciary duty to the beneficiaries or heirs inheriting from the estate. They must comply with the law and act in the best interests of those who stand to inherit from the estate. They must submit documents to the courts, keep records of how they manage assets and address all outstanding debts or taxes.
If they fail to fulfill their obligations, they may be at risk of litigation. Others could try to remove them from their position. In cases involving improper resource management, personal representatives might face financial liability for debts and taxes that they failed to address.
Working with an attorney helps limit personal liability. A lawyer can advise a personal representative of their obligations and help ensure that they fulfill all of their responsibilities. Additionally, attorneys can handle much of the legwork involved in probate proceedings, thereby diminishing the demands on the personal representative. The lawyer can file paperwork with the courts and attend hearings so that personal representatives don’t need to miss work or travel repeatedly to administer an estate.
Between the inconvenience and the risk associated with estate administration, having legal guidance is almost always beneficial for those acting as a personal representative or executor. Estates typically cover the costs of legal representation, meaning that the personal representative should not need to pay out of pocket.
Discussing the details of an estate with a probate attorney can be a smart decision. Personal representatives who have legal guidance are less at risk of litigation and financial liability during probate proceedings.