Do I need a probate lawyer if there’s no will? The answer depends on the details of your case. For example, if your deceased spouse left no will, you might be entitled to have a lawyer represent you during probate. In this scenario, the court will make an order appointing an executor and distributing the assets. This order must be followed, and it can serve as a precedent for future disputes regarding the estate.
There are two types of probate: independent and contested. Independent probate is used when the heirs of an estate agree that there is a need for the estate to be administered. Generally, independent administration is only granted when all heirs agree and if the court finds it’s in the best interest of the estate. However, this type of administration is not recommended if a minor child is an heir.
If there is no will, it’s important to get a lawyer because the probate process can be long and expensive. It’s also necessary to hire an attorney because probate cases can take years to complete. In addition, attorneys often charge an hourly rate, and unexpected delays can happen. You should consider this before deciding on a particular attorney. And keep in mind that there’s a good chance you’ll need a lawyer for large estates.
A good lawyer will be able to give you advice on how to best distribute the estate’s assets. If there are sufficient assets in the estate, you should pay all legitimate debts and leave enough for your inheritors. Otherwise, you’ll find yourself short on cash and need legal counsel to get everything set up correctly. A lawyer can simplify the probate process. If there’s no will, it’s important to hire a lawyer who is skilled in estate planning.