Probate is the process through which the property of a deceased person is apportioned to those whom he named in a will. The probate process cannot take place if there was no will, and the will has to have been drafted when the deceased was in their right minds and not under any duress (these 2 things can sometimes be hard to prove). A probate attorney, therefore, is hired by the deceased to represent him and anyone named in the will. They may help with the execution of the will but they are always required to carry out the legal transfer of the property to its new owners.
What if a family wants to just do as the will says without having to use a probate lawyer? They can do this if there are no disputes, but the legal transfer of the property still requires a probate lawyer.
There are many cases where probate lawyers are required to come in and solve disputes among inheritants about the will. One side claims something different from the other. The 2 sides will need to hire probate lawyers so that they can move the matter to court and get a resolution.
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