What Is a Probate Attorney?
A probate attorney handles the administration of a deceased person's estate: proving the will, inventorying and appraising property, paying debts and taxes, and distributing what remains to the heirs.
A probate attorney, also often referred to as an estate attorney, is a legal professional who handles the process of probate, which is the legal process of administering a deceased person's estate. This process can include:
Proving in court that a deceased person's will is valid (typically a routine matter)
Identifying and inventorying the deceased person's property
Having the property appraised
Paying off debts and taxes
Distributing the remaining property as the will (or state law, if there's no will) directs.
Probate attorneys may be hired to assist an executor of an estate (a person appointed by the will to carry out the decedent's wishes) with managing these tasks, or they may be hired to oversee the entire process if the executor needs help or if there is a dispute among the beneficiaries.
Probate attorneys can advise on estate planning strategies, including drafting wills, setting up trusts, and assisting with power of attorney arrangements. This side of their work aims to help people manage their assets during their lifetime, prepare for potential incapacity, and ensure their assets are distributed according to their wishes after their death.
Probate attorneys specialize in the complex laws governing the transfer of property after a person's death and can provide valuable legal advice and services during a difficult time.
News
- Florida Guardianship Rule Changes Take Effect January 1, 2027: Conflicts of Interest and Emergency Notice
- Palm Bay Development Agreement DA26-00001: City Council Hearing on Emerald Lakes East Phase I, October 15
- Florida Property Tax Appeal Rules for Remote Hearings Take Effect November 2, 2026
- Florida Rule Changes for Nonparty Records Subpoenas Take Effect January 1, 2027
- Melbourne Ordinance 2026-34: City Council Second Reading on Outdoor Entertainment Venue Zoning, October 27
- Florida Property Tax Appeal Rules Became Effective August 27, 2026
- Cocoa Beach Ordinance 1719: City Commission First Reading on Boat, RV, and Trailer Parking Rules, October 15
- Florida Probate Rule Changes Take Effect January 1, 2027: Death Records and Discovery
- Cocoa Beach Ordinance 1728: City Commission First Reading on Vacation Rental Occupancy Advertising, October 15