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Probate Attorney: Main Duties

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If you are in a dilemma about whether a probate attorney will be helpful or not, then this blog will clarify all your doubts. Here are the benefits of a Probate Attorney in Reno, NV.

The first duty of a probate attorney is to file a petition regarding the appointment of a personal representative.

They are responsible for handling all the court procedures. For instance, they have the power to file and defend a will and decide on who will become the executor. They also ensure that the creditors are dealt with. They further notify the heirs, beneficiaries, and other people who are entitled to receive the probate notice. 

After all the steps of the process are completed, they deal with the final distribution of the probate file. The petition report submitted has all the details about all the doings of the personal representative during their administrative term. The final petition has all the records of the assets and money that the personal representative has in hand. 

Finally, the attorney appeals to the court to pass an order that allows the personal representative to distribute the possessions in accordance with the will. 

In case any of the property is in another state, the probate attorney will deal with the attorney handling those assets. The probate attorney also deals with the non-probate legal issues such as:

  • Understanding the distribution of life insurance policies.
  • Dealing with payment of annuities.

Can a Paralegal Handle the Probate?

Probate representation in the court requires a licensed probate attorney to do it, so a paralegal does not have the right to do it. The paralegals can help in filling up the forms, but they can not appear in a court of law without a license. In short, a probate attorney is important to continue with probate cases. Laymen can not handle the case as they are not familiar with the legalities and do not have licenses. Further, paralegals also can not do the same because of a similar reason, and also they might end up committing a mistake. If they make a mistake, they do get a second chance, but if they have gone wrong the second time, too, the court will dismiss the petition. 

Conclusion

Handling a probate case is not an easy task. It needs proper knowledge and years of experience. Hiring a probate attorney will save you from going in the wrong direction and will ensure that any stone is not left untouched. 

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