What Is a Probate Attorney and Do I Need One to Sell Estate Property?
Dealing with the loss of a loved one can be overwhelming, and the probate process might add to the stress. Probate is a formal legal process that verifies the validity of a will, appoints an executor or personal representative, and oversees the distribution of the deceased’s assets to their rightful beneficiaries. This is where a probate attorney becomes essential.
Probate often comes into play when dealing with real estate and property, regardless of whether the deceased had a will, explains Dennis Brislawn, a probate attorney based in Bellevue, Washington, who also practices in Alaska and Oregon. However, some assets, like life insurance policies, are paid directly to beneficiaries and bypass probate.
A probate attorney ensures that all beneficiaries, creditors, and taxes are managed correctly according to state probate laws and timelines. For detailed information on estate planning and probate laws by state, check FindLaw’s comprehensive listings.
Depending on your loved one’s estate planning and your own familiarity with such matters, you might not need a probate attorney. However, you will still need to be legally authorized to handle the disposal of the property.
“You shouldn’t be listing a house that you have no authority to sell, ” Brislawn says. It’s somewhat akin to fraud.
“There are a lot of issues that may or may not apply to a given case, and so understanding the context in which probate occurs is critically important.”
Let’s explore what a probate attorney does and when you might need one for selling estate property.
