What are Probate Lawyers

What are Probate Lawyers

IP lawyer, corporate lawyer, employment lawyer…it seems like there is an endless list of different types of lawyers. Luckily, you don’t have to know each one and probably you won’t need most of them in your entire life. However, there is one type that you do need to remember – a probate lawyer.

Unfortunately, you can’t live forever, and after you die someone will get your debt and/or your assets. So, which of your closest family members is going to receive that? At this point, you realize that you will need a probate lawyer.

So, what exactly is a probate lawyer? Well, the simplest explanation is that it is someone who manages the probate process. Before you proceed searching for probate lawyers in Sydney, Australia, it would be best to learn several things about hiring a probate lawyer.

  • With a will

Many individuals decide to leave a draft of a will before their death, which is also a better option for the probate lawyer. The process this way would go much easier, as the only task the probate lawyer would have is to advise other parties of your wishes in accordance with the law. However, he/she may face an issue if another lawyer tries to prove the will is not valid, reviewing the draft and the reasons for it. If the individual is very old or has problems with his/her memory, others may try to influence him/her in order to inherit money or other type of property. This is why lawyers need to pay close attention to the will, as in some cases it may not include the best ending for the individual.

  • Without a will

Compared to the first option, going through probate without a will is obviously much more complex and more work for a lawyer. If the individual doesn’t leave a will, then his/her debt, assets, and estate is distributed following the intestacy laws of the state. This means that the probate lawyer will need to help the executor with the distribution. The probate lawyer in Sydney will need to follow the intestacy laws and make the distribution regardless of the wishes of the deceased individual. In case one of the partners die, the spouse inherits all of his/her properties.

If you look at the map of Sydney, Australia, or you take a walk in the city, you will easily notice many probate lawyer offices. There are many law companies offering nearly the same services, so it won’t be easy to choose one. Finding the best one is based on opinion, which is subjective, so you will need to take care of several things before deciding. In order to find the best probate lawyer in Sydney, you will need to focus on the benefits the firm can offer to you, as each law firm has different advantages. This includes expertise and experience, as well as pricing the services. With or without a will, the choice of hiring a probate lawyer is still yours, so research your options and make the best decision.