When a loved one passes away, their estate goes through a legal process known as probate. It is essential to understand the key players involved in a probate case since it can be a complicated process. The main people involved in the probate process include attorney, administrator, judge, beneficiaries, probate referee, and court appointed probate attorney. Let’s take a closer look at the various people involved in a probate case.

Attorney

The attorney is the individual who will be representing you in the probate court. They are responsible for guiding you through the probate process, ensuring that all legal requirements are met, and representing your interests before the court. Your attorney will work closely with you to ensure that your loved one’s estate is distributed according to their wishes.

Administrator

After the attorney comes the administrator. The administrator is the person who brings the case to court. If you are administering the probate case with the assistance of a probate attorney, you will be considered the administrator. As the administrator, you will be responsible for managing the deceased person’s assets, paying any debts or taxes owed by the estate, and distributing the remaining assets to the beneficiaries.

Judge

The judge is the person who makes all of the decisions in a probate case. The judge has a team, which includes the probate attorney, who will assist the judge with the case. The judge’s decisions are based on the notes that the probate attorney recommended to them regarding the case. During the hearing, you and your attorney have the right to dispute and correct these notes.

Beneficiaries

Beneficiaries or heirs of the estate are the individuals who will inherit the assets at the end of the day, which could be family members or friends. It simply depends on whether there is a will or not. Beneficiaries have a right to receive a portion of the estate, and it’s the administrator’s job to ensure that the assets are distributed to them. In addition, the administrator can also be a beneficiary, but that is not always the case.

Probate Referee

The probate referee is the court version of the real estate appraiser. They operate independently. Their job is to go through all of the assets and assign a value to each one, such as properties, stocks, and anything else that the decedents owned at the time of death.

Probate Attorney

Let us not confuse the court appointed probate attorney with the attorney who represents the administrator. The probate attorney is paid by the estate, and they work for the court and the judge. Prior to the hearing, the court attorney reviews the files and provides information to the judge. If something is missing, they will publish a set of notes where you and your attorney can access them and fix and complete them before the hearing date.

In conclusion, probate can be a complicated legal process, but with the right attorney by your side, you can navigate it successfully. By understanding the key players involved in the process, you can ensure that your loved one’s estate is distributed according to their wishes. If you need assistance with a probate case, feel free to contact our office for a free consultation.