A probate attorney assists the personal representative in several key tasks: filing necessary documents to open the estate, identifying and valuing assets, notifying creditors and settling debts, ensuring all legal requirements are met, distributing assets according to the deceased's wishes, and closing the estate. The attorney also provides post-probate estate planning advice.
2. Initiating Probate
Filing Petitions and Documents:
Assisting in the preparation and filing of
necessary legal documents to initiate the probate
proceedings, including the petition to open the
estate.
3. Asset Identification and Valuation
Cataloging Assets:
Helping the personal representative identify and
catalog all assets belonging to the deceased.
Valuation Assistance:
Providing guidance on obtaining accurate valuations
for estate assets, which is crucial for the fair
distribution of the estate..
4. Notifying Creditors:
Assisting in notifying known creditors and publishing legal
notices to alert potential creditors.
Reviewing and Settling Debts:
Reviewing creditor claims, negotiating settlements when
necessary.
Debt and Creditor Management
5. Court Filings:
Handling the preparation and filing of court documents required during the probate process,
including petitions, inventories, and periodic accountings.
Ensuring Compliance:
Ensuring that the personal representative adheres to all legal requirements and deadlines
throughout the probate proceedings.
Legal Formalities
6. Distribution of Assets
Asset Distribution:
Guiding the personal representative through the process
of distributing assets in accordance with the deceased's
wishes .
Finalizing the Estate:
Assisting in the preparation of the final accounting and
closing documents to officially close the probate estate.
7. Post-Probate Planning
Estate Planning Advice:
Offering advice on post-probate matters, including
the potential need for updating or creating new
Wisconsin’s estate planning documents for the
personal representative and heirs.