A probate paralegal assists a probate attorney in the legal process that occurs when an individual dies with a will, helping to prepare for court cases related to the probate of a will. They may also do legal research and investigative work to support clients’ claims, such as contesting the validity of a will.
A probate paralegal works at a law firm or for an attorney who represents clients who are going through the probate process. The probate process is the formal legal process that takes place when an individual dies with a will and testament dictating their final wishes for the distribution of their assets. A probate paralegal helps a probate attorney prepare for a court case related to the probate of a will.
The probate process usually involves several steps, although the exact process varies between jurisdictions. Normally, the will is presented first to the court, which determines its validity under the law. The executor of the estate is formally recognized by the court and creditors have the opportunity to file and make claims on the estate. After the creditors are paid, the executor of the estate distributes the assets according to the guidance provided in the will. The court then asserts the distribution of assets, assesses the taxes owed, and certifies the complete probate process.
At any stage of the probate process, legal questions or problems may arise. For example, heirs or other family members who were left out of the will may challenge the validity of the will on the grounds that it is inappropriate or that the deceased lacked the ability to create the will due to mental disability or some other obstacle. Family members can also claim that the will is forged or is not the most recent copy of the will.
There may be disputes over whether creditors are entitled to certain assets. There may also be disagreement over the meaning of the will or over which estate the deceased actually intended to go to which heirs. The language of the will may need interpretation. There may also be disputes over the value of assets and the property taxes assessed.
A probate attorney may be called upon to represent heirs or family members contesting the will. The probate paralegal works with the probate attorney to do the necessary legal research to support the client’s claims. For example, if the client is contesting the will, the paralegal will do the research and investigative work to help the attorney legally make a sufficient case that the will is invalid.
Generally, a paralegal inventory spends a great deal of their time searching law books or online databases that contain case law, statutes, or other legal regulations on how a will should be read or interpreted. The paralegal probate can also do investigative work to determine if the will was valid, working with a private investigator. The probate paralegal compiles and presents its findings to the probate attorney who uses this information to present legal arguments and represent the client in court.
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