A probate paralegal works for a law firm or a lawyer who represents clients in probate proceedings. When a person dies with a will and testament dictating his final wishes for the distribution of his assets, the probate process begins. A probate paralegal assists a probate attorney in preparing for a court hearing involving the probate of a will.
Although the exact process varies jurisdiction, the probate process generally consists of several steps. Typically, the will is presented to the court, which determines its legal validity. The court then formally recognizes the executor of the estate, and creditors have the opportunity to file claims against the estate. After creditors have been paid, the estate executor distributes the assets according to the will’s instructions. The court then confirms the asset distribution, assesses any unpaid taxes, and declares the probate process complete.
Legal questions or issues can arise at any point during the probate process. For example, heirs or other family members who were left out of the will can challenge its validity, claiming that it is invalid or that the deceased lacked the capacity to make the will due to mental incapacity or some other impediment. Family members can also claim that the will is forged or that the copy they have is not the most recent version.
Whether creditors have a right to certain assets may be a point of contention. There could also be disagreements over the meaning of the will or which assets the deceased truly intended to be distributed to which heirs. It’s possible that the will’s language will need to be translated. There may also be disagreements about the value of assets and the amount of estate taxes to be paid.
To represent the heirs or family members contesting the will, a probate attorney may be hired. Following that, the probate paralegal collaborates with the probate attorney to conduct the legal research required to back up the client’s claims. If a client is contesting a will, for example, the probate paralegal will conduct research and conduct investigations to assist the attorney in making a legally sufficient argument that the will is invalid.
A probate paralegal typically spends much of his time researching case law, statutes, and other legal regulations on how to read or interpret a will in law books or online databases. In collaboration with a private investigator, the probate paralegal may conduct research to determine whether the will was valid. After that, the probate paralegal compiles and presents his findings to the probate attorney, who uses it to make legal arguments and represent the client in court.