When it comes to estate planning and administration matters, it can be confusing to navigate the legal landscape. Two types of lawyers often come up in these discussions: probate lawyers and estate lawyers. Despite their overlapping roles, the two have key differences that you should understand before deciding which one is right for your needs.
In this blog post, we will explore the differences between a probate lawyer and an estate lawyer and how they can help you in some legal situations.
Probate Lawyers Vs. Estate Lawyers
What Is a Probate Lawyer?
A probate lawyer, also known as a probate attorney or estate attorney, specializes in the legal process of administering a deceased person’s estate. This includes validating the deceased’s will, identifying and inventorying their assets, paying any outstanding debts or taxes, and distributing the remaining property to the beneficiaries named in the will. Probate lawyers can also assist with contested wills and disputes among beneficiaries.
What Is an Estate Lawyer?
On the other hand, an estate lawyer focuses primarily on helping individuals create and manage their estate plans during their lifetime. This includes drafting wills, trusts, powers of attorney, and other documents necessary for a comprehensive estate plan. Estate lawyers also advise clients on tax implications and strategies to protect their assets from potential creditors.
Key Differences Between Probate and Estate Lawyers
1. Area of Focus
While probate and estate lawyers deal with matters related to a person’s property and assets, their focus areas differ. Probate lawyers concentrate on the legal process after a person’s death, whereas estate lawyers assist with planning and managing assets during a person’s lifetime.
2. Legal Documents
Probate lawyers typically deal with wills, which are legal documents outlining how a person’s assets should be distributed upon death. Estate lawyers, however, work with a broader range of documents, such as living trusts, powers of attorney, and advance healthcare directives, in addition to wills.
3. Court Proceedings
Probate lawyers often represent clients in court, particularly when there are disputes over a will or the administration of an estate. On the other hand, estate lawyers are less likely to be involved in court proceedings, as their work primarily involves drafting and advising on estate planning documents.
How an Estate Administration Law Firm Can Help You
An estate administration law firm can provide valuable assistance in managing and distributing a deceased person’s assets. These firms typically employ both probate and estate lawyers, ensuring clients receive comprehensive legal guidance throughout the estate administration process.
Some of the services provided by an estate administration law firm include:
- Validating and interpreting wills
- Identifying and inventorying assets
- Paying outstanding debts and taxes
- Distributing assets to beneficiaries
- Assisting with the sale of real estate or other property
- Resolving disputes among beneficiaries or creditors
Note that estate lawyers and probate attorneys, like these Chester County estate administration lawyers, may also be able to provide these services. However, an estate administration law firm offers the added benefit of having both types of lawyers on staff, making the process more efficient and cost-effective for clients.
What Kind of Lawyer Do I Need?
The type of lawyer you need will depend on your particular legal situation. If you want to manage and protect your assets during your lifetime, consider consulting an estate lawyer. On the other hand, if you need help administering a deceased person’s estate or resolving disputes over a will, it’s best to seek advice from a probate lawyer, such as these Pennsylvania probate lawyers.
What if There’s a Will?
If you need to administer a deceased person’s estate and there is a valid will, then it is recommended that you contact an experienced probate lawyer. The lawyer can examine the will and help you understand your legal obligations as executor or administrator of the estate. They can also advise on any conflicts or disputes while administering the estate.
What If There Is No Will?
If the deceased person has no valid will, you must consult an experienced probate lawyer regarding the legal requirements for administering their estate. Depending on the size and complexity of the estate, you may also need assistance from an estate administration law firm.
Key Takeaways
Although both probate and estate lawyers deal with matters related to a person’s property and assets, they have fundamental differences. Probate lawyers focus on administering a deceased person’s estate, whereas estate lawyers assist with planning and managing assets during someone’s lifetime. Estate administration law firms provide comprehensive legal guidance throughout the entire estate administration process. Depending on your particular needs, either type of lawyer can be invaluable in helping you manage your or someone else’s assets.
