The roles of probate attorneys and estate attorneys are frequently conflated, but there are distinct differences between these two legal professions. Though both types of lawyers possess skills applicable to both probate and estate planning, their primary areas of focus vary.
Probate attorneys specialize in guiding individuals through the intricate probate process that occurs after a person’s passing. This complex legal procedure involves validating the deceased person’s will, resolving outstanding debts and claims, and distributing the remaining assets to the rightful heirs and beneficiaries. In essence, probate attorneys assist in the posthumous administration of an individual’s estate.
On the other hand, estate attorneys play a pivotal role in assisting people in the proactive creation and management of their wills, trusts, and overall estate planning. Their expertise comes into play well before the individual passes away. Estate attorneys help individuals strategize how to protect and distribute their assets, minimize tax implications, and ensure their wishes are carried out precisely as intended. Essentially, they are proactive in helping individuals prepare for the future.
In light of these distinctions, it is generally advisable to seek the guidance of an estate attorney before considering the services of a probate attorney. Estate planning, when done correctly, can potentially minimize the need for extensive probate proceedings in the future, simplifying the transition of assets to heirs and beneficiaries. By consulting with an estate attorney early on, individuals can take proactive steps to protect their legacy and ensure their wishes are carried out smoothly, making the eventual role of a probate attorney less complex and burdensome.