What Is a Probate Attorney?

When a loved one passes away, their estate often goes through a legal process called probate — where the court ensures that the deceased’s debts are paid and their remaining assets are distributed to rightful heirs. Managing this process can be confusing and emotional, which is where a probate attorney (or probate lawyer) comes in.

What Does a Probate Attorney Do?

A probate attorney specializes in helping executors, administrators, and heirs navigate the probate process. Their main goal is to make sure the estate is settled legally and efficiently. Here are some of the core duties of a probate lawyer:

Filing the necessary legal documents with the probate court.
Advising executors or administrators on how to manage estate assets.
Identifying and appraising estate property to determine its value.
Paying debts, taxes, and final expenses from the estate.
Distributing inheritance to beneficiaries once the estate is settled.
Representing clients in probate court if any disputes arise.

Simply put, a probate attorney ensures that the estate settlement process follows the law — minimizing delays, errors, and potential conflicts among heirs.

The Role of a Probate Attorney When There Is a Will

When a person leaves a valid will, a probate attorney helps the executor of the estate carry out the wishes outlined in that document. This often includes:

Submitting the will to the court for validation.
Handling any contests or challenges to the will.
Ensuring that each beneficiary receives what the will dictates.
Managing estate taxes and closing financial accounts.

The attorney acts as both a legal guide and an advocate for the executor to ensure all steps are completed correctly and on time.

The Role of a Probate Attorney When There Is No Will

If someone passes away without a will (called intestate), the probate process becomes more complicated. In this case, the court appoints an administrator — often a close family member — to oversee the estate.

A probate lawyer assists by:

Guiding the administrator through state inheritance laws.
Helping locate and appraise assets.
Determining rightful heirs under intestacy laws.
Managing estate debts, taxes, and final distributions.

Without a will, the probate attorney’s role becomes even more vital in ensuring that the estate is settled properly and fairly under the law.

Questions to Ask a Probate Attorney

When choosing a probate lawyer, it’s important to find one who fits your needs and understands your situation. Here are some smart questions to ask:

How long have you practiced probate law?
Do you charge hourly or flat fees?
What is your experience with estates similar to mine?
How long does the probate process typically take?
Can you help with disputes among heirs or creditors?

These questions can help you identify a knowledgeable and trustworthy attorney who can manage your case effectively.

How to Skip Probate and Get Inheritance Funding Fast

Probate can take months or even years, delaying access to your inheritance. Fortunately, you don’t always have to wait.

First Capital offers inheritance funding, also known as an inheritance cash advance, that allows heirs to receive a portion of their inheritance before probate is complete. This funding isn’t a loan — it’s a cash advance based on your expected inheritance.

With First Capital, you can:

Access your inheritance funds in days, not months
Avoid costly probate delays
Get fast financial relief without taking on debt

Instead of waiting for the courts to finalize the estate, First Capital gives heirs the flexibility and financial freedom they need now.

Final Thoughts

A probate attorney is an essential ally in navigating the legal complexities of estate settlement — whether a will exists or not. They ensure that the process moves smoothly, fairly, and according to state law.

And when waiting months for probate to end isn’t an option, First Capital helps you skip the wait with fast, risk-free inheritance funding.

👉 Contact First Capital today to learn how you can receive your inheritance funds without the long probate delays.