What is a Probate Attorney?

The term probate is often used to identify two (2) separate but related processes. The recording of a Will at the Court is often called the “probate” of the Will. This recording may or may not include Court oversight of the property and debts of the deceased person. Court oversight or probate in this sense depends on how the assets are titled. If a bank account or other financial account has a beneficiary named, then it is not subject to probate. If the assets of the deceased person titled in his or her own name exceed $50,000 in value, probate will be required. However, the value of the decedent’s residence or other real estate does not count against the $50,000 threshold unless there is a will that authorizes the sale of the real estate. The job of the probate attorney is to help the family navigate this process which can be confusing and difficult at a time when those close to the deceased parent or grandparent are still grieving.