How to Be Probate and Wills Attorney - Job Description, Skills, and Interview Questions

Apr 15, 2021 / 6 Minutes Read / By Albert

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Probate and Wills attorneys provide important legal services for individuals and families. By creating wills, trusts, and other legal documents, these attorneys help ensure that a person's wishes are carried out after their death. the attorney will assist with probate court proceedings to ensure that the deceased's estate is administered in accordance with the law.

In doing so, the attorney helps to protect the interests of the deceased's loved ones, estate beneficiaries, and creditors. The consequences of not having an experienced Probate and Wills attorney can be significant, as it may result in costly mistakes or delays in administering an estate, leading to financial loss or disputes among family members.

Steps How to Become

Get a Bachelors Degree. The first step to becoming a probate and wills attorney is to obtain a bachelors degree from an accredited college or university. Many aspiring lawyers pursue a degree in pre-law, political science, or another related field, but any major can be acceptable as long as it includes courses in business, finance, accounting, and other areas that are related to the practice of law.
Take the LSAT. After completing a bachelors degree, students must then take the Law School Admission Test (LSAT). This standardized test measures reading comprehension, analytical reasoning, and logical thinking skills. It is used by law schools to determine if potential students are qualified for admission.
Apply to Law School. After receiving a satisfactory score on the LSAT, applicants must apply to law school. In addition to submitting their LSAT scores, they must also submit their transcripts, letters of recommendation, and a personal statement. The admissions process can be competitive, so applicants should be sure to make their applications stand out.
Obtain a Juris Doctor Degree. Students accepted into law school will then spend three years completing their studies and earning their Juris Doctor (JD) degree. During law school, they will take courses in many different aspects of the law, including estate planning, wills and trusts, probate, and taxation. Additionally, they may have the opportunity to participate in a legal clinic or externship to gain hands-on experience.
Pass the Bar Exam. After graduating from law school and earning their JD, aspiring attorneys must then pass the bar exam in the state in which they wish to practice law. The exam covers a wide range of topics and tests their knowledge of the law. It is usually divided into multiple sections and must be taken within a certain timeframe.
Obtain Licensure. After passing the bar exam, attorneys must then obtain licensure from the state bar association in order to practice law. This process typically involves submitting an application along with a fee and undergoing a background check. Once approved, attorneys are then able to practice law in their respective state.
Gain Experience. To become an expert in probate and wills law, attorneys should gain as much experience as possible. This can include working for a firm that specializes in such matters, taking on pro bono cases related to probate and wills, or taking continuing education courses in the field. Doing so will help them better understand the complexities of the law and stay up-to-date on the latest legal developments.

Making sure you have a reliable and capable Probate and Wills Attorney is essential to ensure that your estate planning is done correctly. Taking the time to research and evaluate prospective attorneys is key to finding the right one. Start by looking for an attorney who specializes in Probate and Wills law with experience in the local jurisdiction.

Verify that they are licensed and in good standing with the state bar association. be sure to read client reviews and testimonials to get an understanding of their level of service and quality of work. Once youve narrowed down your list, arrange for a consultation with each attorney to get a better feel for their qualification and expertise.

Finally, consider their fees and payment options, so you can make an informed decision about who is best suited to handle your estate planning needs.

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Job Description

Drafting wills, trusts, and other estate planning documents.
Advising clients on estate planning issues such as asset protection and tax planning.
Preparing and filing probate documents in compliance with state and federal regulations.
Representing clients in court proceedings related to probate matters, such as guardianships and conservatorships.
Negotiating with creditors and beneficiaries on behalf of clients.
Negotiating and drafting prenuptial and postnuptial agreements.
Managing trust accounts and other assets.
Facilitating the transfer of assets in accordance with estate plans.
Advising executors, trustees, and fiduciaries on their legal obligations.
Negotiating and drafting contracts for the sale of real estate or other assets.

Skills and Competencies to Have

Knowledge of applicable laws and regulations related to probate and wills.
Excellent research and analytical skills.
Strong writing and communication skills.
Attention to detail.
Good interpersonal skills.
Ability to work independently and as part of a team.
Ability to handle multiple cases simultaneously.
Proficiency in the use of legal software programs, such as Microsoft Office Suite.
Ability to effectively represent clients in court or other legal proceedings.
Understanding of tax laws, estate planning, trust administration, and other related legal areas.

Having an experienced and knowledgeable probate and wills attorney is essential to ensure that a deceased individual's last wishes are carried out as intended. A probate and wills attorney understands the complexities of estate law and can help guide the executor or administrator through the probate process. They can help ensure that all assets are properly distributed according to the will, and that any disputes regarding the estate are resolved in a timely and equitable manner.

Furthermore, they can assist with tax planning, business succession planning, and estate planning to ensure that a deceased person's assets are protected and preserved. With the right probate and wills attorney, the entire process can be handled professionally and efficiently.

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Frequent Interview Questions

What experience do you have in working with probate and wills?
How familiar are you with state and federal laws related to wills and probate?
Describe a typical probate process.
What do you feel is the most important part of a will and probate case?
How do you handle conflicts between beneficiaries and executors?
What strategies do you use to ensure a smooth probate process?
How do you ensure that a clients wishes are properly represented in a will or probate case?
Have you ever had a will or probate case that went to court? If so, how did it turn out?
What do you think is the most important factor for client satisfaction in a probate and wills case?
What resources do you use to stay up to date with changes to laws and regulations related to wills and probate?

Common Tools in Industry

Will Drafting Software. software used to create and manage wills and other estate planning documents. (eg. Quicken WillMaker Plus)
Online Legal Research Services. services that provide access to legal statutes, cases, and other research materials. (eg. Westlaw)
Estate Planning Software. software used to help create estate plans and manage assets. (eg. WealthDocx)
Document Management System. software used to store, organize, and manage legal documents. (eg. Clio)
Financial Planning Software. software used to help calculate taxes, analyze financial situations, and plan for retirement. (eg. Mint)
Probate Court Filing Software. software used to file probate documents with the court system. (eg. LegalFiling)
Tax Preparation Software. software used to prepare taxes and maximize deductions. (eg. TurboTax)
Customer Relationship Management (CRM) Software. software used to build and maintain client relationships. (eg. Salesforce)
Document Automation Software. software used to automate the creation of legal documents. (eg. HotDocs)
Time and Billing Software. software used to track time spent on tasks and generate invoices for clients. (eg. Freshbooks)

Professional Organizations to Know

American Bar Association
National Academy of Elder Law Attorneys
American College of Trust and Estate Counsel
National Association of Estate Planners & Councils
American Academy of Estate Planning Attorneys
National Network of Estate Planning Attorneys
International Society of Trust and Estate Practitioners
National Institute of Probate Attorneys
Probate & Estate Planning Lawyers Association
National Association of Tax Professionals

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Common Important Terms

Estate Planning. The process of creating a plan for the management and distribution of an individual's assets after death.
Decedents Estate. All of the assets that are owned by a deceased individual at the time of their death.
Heir. An individual who is legally entitled to receive a portion of a deceased persons estate.
Beneficiary. An individual or entity who is designated to receive assets or property from a deceased persons estate.
Executor. An individual or entity who is responsible for managing the estate of a deceased person, including collecting and distributing assets.
Will. A written document that states how a deceased persons estate should be managed and distributed after their death.
Testamentary Trust. A trust that is created in the will of a deceased person and is used to manage and distribute assets to beneficiaries.
Intestate. When a deceased person dies without a valid will or trust, they are said to have died intestate.
Probate. The legal process of managing a deceased persons estate, including collecting and distributing assets to heirs and beneficiaries.

Frequently Asked Questions

Q1: What is a Probate and Wills Attorney? A1: A Probate and Wills attorney is a lawyer who specializes in the area of estate planning, which involves helping clients plan for the transfer of their assets after death. This includes drafting wills, trusts, powers of attorney, and other related documents. Q2: What is the role of a Probate and Wills Attorney? A2: The role of a Probate and Wills Attorney is to help clients plan for the transfer of their assets after death by drafting legally binding documents such as wills, trusts, power of attorney documents, and other related documents. They also provide legal advice and guidance on the best course of action for the estate. Q3: How long does it take to probate a will? A3: The time it takes to probate a will depends on the complexity of the estate and the laws in the state where the will is being probated. Generally, it can take anywhere from six months to two years or more. Q4: What is the difference between probate and non-probate assets? A4: Probate assets are those assets that must go through the probate court process before they can be distributed to beneficiaries. Non-probate assets are assets that pass directly to designated beneficiaries without going through the court process. Q5: What documents are required for probating a will? A5: Documents required for probating a will include the original will, death certificate, and any other relevant documents such as deeds, bank statements, and tax returns for the decedent. A list of all assets in the estate must also be included. Additionally, any creditors must be notified.

Web Resources

Wills, Probate, and Guardianship Clinic - Thurgood Marshall www.tsulaw.edu
Will and Probate Law : Attorney for Students - Texas State attorney.dos.txst.edu
Wills, Probate, and Guardianship Clinic - tsulaw.edu www.tsulaw.edu