Are Probate Lawyers and Estate Lawyers the Same?

July 8, 2024    Deceased Estate Lawyers Perth
Are Probate Lawyers and Estate Lawyers the Same?

Most lawyers practice in more than one area of the law. When planning your needs towards the end of your life, you will hear about probate and estate lawyers, which are somewhat similar. These are probate and estate law.

As they are closely related, people often ask if probate wills lawyers and estate lawyers are the same. To clear up this confusion, we bring you this blog to show the stark contrast between the two. So, let’s continue reading to learn which lawyer can help you and your family.

Before or After Death: Understanding the Difference

The simplest way to remember the key difference between the two is when you need assistance from these specialists. In general, an estate lawyer helps you to plan for what will happen to your property, finances, debts, etc, after you. They help you understand estate planning.

Thus, the expert’s work is done while the client is still alive. Emphasis should be laid on the word “planning”. People seek assistance from these lawyers before they are incapacitated to devise a plan and sign the required paperwork.

Deceased Estate Lawyers Perth draft the paperwork your family may require after your life, for instance, wills or trusts. Apart from this, they also draft documents in case you become incapacitated, which include power of attorney or a healthcare proxy.

On the other hand, probate lawyers help a family when they have lost a member to administer their property. These professionals generally work with the property executor or help family members with documents when contesting a will.

The word “probate” originated from the Latin word probare, which means to try, test, prove, and examine.

Thus, as the meaning states, these lawyers help the representatives untangle and share the deceased person’s assets or pay their debts. However, it must be noted that the work of a probate solicitor will significantly depend on whether the will is present or not.

If a WILL is present

If such a document has been passed on by the deceased, the probate lawyers will review the paperwork. They will verify if the will is valid and if the deceased was in the right mind when they signed it. The process of reviewing and legitimising the will is called probate. The properties can be distributed among the beneficiaries if the document is valid.

If a WILL is not present

The process becomes more complicated if the deceased dies without a will. Such situations are called “intestate” deaths, and the deceased’s assets are distributed according to the intestate law. Such laws generally state that the spouse must inherit all the properties.

However, if the spouse is absent, the state has a set guideline to follow while the assets are distributed. In such circumstances, the probate lawyer acts as the estate executor. They make sure that the assets go to the right beneficiaries.

So, which professional do you need?

Think of an Estate Administration Lawyer Perth and a probate lawyer as a before and after.

Before death or during incapacity, you will need an estate planning lawyer; after death, your family will need a probate lawyer. The kind of specialist you need depends upon your situation.

If you do not have a will presently, then you can hire an estate lawyer to assist you in ensuring that your family will not have to pick up the pieces after your death.

However, after death, your relatives need to contact a probate lawyer. In case of incapacity, people hire a different specialist called the guardianship lawyer to help plan for situations where a person cannot make their own decisions.

Ending notes 

In conclusion, we have discussed and tried to answer the question of whether estate and probate lawyers are the same. Whether planning for your future or looking over a deceased relative’s property, you can trust the deceased estate lawyers. They are qualified in family law, probate or estate planning and help you sail through these challenging situations.

If you need help figuring out where to start, take the first step today by calling experts so that they can arrange an appointment for you. They will assist you in planning your future or looking after a loved one’s property with utmost care and professionalism.

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