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Why Do You Need A Probate Lawyer Or A Will Attorney?

31 May, 2021


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Most people think about a probate lawyer or a Will attorney when they are on the deathbed. While they take their last breath, they want to ensure that their heir gets all their estates.

A Will Attorney helps the individuals to create a Will that sets forth their wishes regarding the distribution of the property. The importance of a will can be evaluated by the fact that if there is no Will left behind, the property will be handed over to the probate court. The probate court will then decide the procedure of distribution of the estates.

In addition to that, if you die without a Will, your successor might have to invest time, money, and emotional distress to settle the affairs and get back what he/she deserves.

What Is A Will?

A will is a legal document representing the last wishes pertaining to the assets they have owned in their lifetime. Leaving a Will, you leave your last wishes with instruction on how your estates and other properties will be handled. 

A Will mostly contain the following.

  • Outline the possessions.
  • Name an heir.
  • Point out the custody of the dependent.
  • Account management.
  • Financial interests.

How Does It Work?

A person writes the Will, and its instructions are followed after the person dies. The Will states a name of a living person who is responsible for administering the estate’s distribution and ensures that everything happens according to what Will has to say.

This responsibility is usually given to a Will attorney. While creating the Will, Will attorneys remain present in front of the person creating the Will.

Why Creating A Will So important?

Most people think that creating a Will is only for wealthy people and individuals with complicated assets. However, that is not the case; even if you have a single asset, creating a Will ensures that that asset falls into the right hand after your death.

Here are a few good reasons why you need a Will.

  • Creating a Will clears the fog and points out the heir to all your assets.
  • It keeps your assets away from bad people.
  • You can decide who will take care of your children. Without a Will, the Probate court will decide.
  • Your heir will have a faster processing speed of getting your assets.

Now that you know the importance of having a Will, you must take help from a Will attorney to create a Will following state laws.

What Is A Will Attorney?

A Will Attorney is a legal professional that handles all the problems related to creating Wills and its documentation. As we have discussed earlier, Wills are legal documents of sets of instruction needed to be carried out after your death. Thus, you can even say that a Will is an important aspect of estate management.

By going through the definition, you might think that creating a Will is a simple documentation process. No, it is not. Creating a Will needs to fulfill certain criteria. And, certainly, you don’t have any idea what these criteria are. This is where a Will Attorney can be very helpful.

A Will attorney plays an important role in reviewing documents and ensuring you are on the right documentation process. In addition to that, a Will attorney also handles Will disputes.

What Does A Will Attorney Do?

A will Attorney is helpful with the estate planning, and later on, they help their clients through the probate court. Thye understands the states and federal and laws and hence, offer the right legal support that you need at the time of creating a Will. 

A Will attorney is also referred to as an estate attorney or probate attorney. They are experienced professionals that understand estate planning and property management and assist you with the following.

  • Create a Will.
  • Designate a beneficiary.
  • It helps you reduce and avoid estate taxes.
  • Find alternative ways of probate court processes.
  • Bridge the gap between a Will and beneficiaries.

What Questions To Ask A Will Attorney?

Creating a Will is one of the toughest decisions you will ever make. That is because, at this point, you have accepted the fact that death is at the next corner, and you have no way of knowing your life expectancy.

Despite what you think, it is a practical move that will help your successor efficiently take over your assets. With a document as important as Will, it becomes necessary that you have the right Will attorney at your side.

In that context, here we have a few questions that you can ask your probate lawyer.

Q1: Is Estate planning His/Her Specialization?

When it comes down to Estate Planning or creating a Will, you must work with an experienced estate lawyer. Having an experienced lawyer by your side gives you peace of mind.

You mustn’t forget that at the time you Will is being put to action, you will not be there to validate the whole process. Hence, you would like to ensure that you have left the rest of the work in a capable hand.

Q2: Do They Also Execute The Will?

There are Will attorneys who merely draft Will and only a few of them can execute them. You must confirm this before you hire them. If you get hold of an attorney who is proficient with both, it becomes convenient for you. You won’t be needing to invest more time finding a different lawyer for executing the will.

Q3: Do They Conduct Period Reviews?

A period review is necessary when some changes are needed in the Will. you will find lawyers willing to draft a will but not sparing time to make any future changes. You need to be looking for a Will attorney who will offer their services for making periodic reviews and changes.


If you do not know where to start drafting your Will, a Will Attorney can help you. In this article, we have tried to encapsulate all necessary aspects of creating a Will and what things you Will cover.

If you like these articles and are happy to get all the information in one place, you visit our homepage to find similar articles or contact us via the contact us page.

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