• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • Our Firm
    • About Our Firm
    • Attorney and Staff Profiles
  • Services
    • Asset & Business Planning
    • Dental Practice Law
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Financial Planning Assistance
    • Incapacity Planning
    • IRA & Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Medicaid and Elder Law
    • SECURE Act
    • Special Needs Planning
    • Trust Administration
  • Elder Law
    • Coping With Alzheimer’s
    • Emergency Medicaid & Nursing Home Planning
    • Guardianship & Conservatorship
    • Hospice Care
    • Medicaid Planning
    • Veteran’s Benefits
  • Resources
    • DocuBank
    • Elder Law
      • Elder Law & Medicaid Definitions
      • Elder Law Reports
      • Elder Law Resources
        • Carmel, Indiana Elder Resources
        • Fishers Indiana Elder Law Resources
        • Greenfield, Indiana Elder Law Resources
        • Greenwood Elder Resources
        • Indianapolis Elder Law Resources
        • Lawrence Elder Law Resources
        • Plainfield Elder Resources
        • Zionsville Elder Law Resources
    • Estate Planning
      • Estate Planning Checkup
      • Estate and Gift Tax Figures
      • Estate Planning Definitions
      • Estate Planning Reports
        • Advanced Estate Planning
        • Basic Estate Planning
        • Estate Planning for Niches
        • Trust Administration
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Asset Protection Planning
        • Business Succession Planning
      • Elder Abuse
      • Elder Law
        • Medicaid
        • Medicaid Planning
        • Planning for Long-Term Care
      • Estate Planning
        • Avoiding Estate Taxes
        • Estate Planning for Parents
        • Frequently Asked Questions for Families Without an Estate Plan
        • LGBTQ Estate Planning
        • Women and the Need for Estate Planning
      • Financial Planning
      • Incapacity Planning
      • Legacy Wealth Planning
      • Pet Planning
      • Philanthropy in Your Estate Plan
      • Probate
      • Power of Attorney
      • Small Estate Administration
      • Trusts
        • Trust Administration
        • Trust Administration
        • Serving as Executor
      • Understanding Your Social Security Retirement Benefits
      • Wills
        • Contesting a Will
    • Newsletter
    • Pre Consultation Form
    • Probate and Trust Administration
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss Of A Loved One
      • Probate Resources
        • Carmel, Indiana Probate Resources
        • Greenfield Probate
        • Greenwood Probate
        • Indianapolis Probate
        • Plainfield Probate
        • Indiana Probate
        • Zionsville Probate
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
  • Reviews
    • Our Reviews
    • Review Us
  • Areas We Serve
    • Boone County
      • Lebanon
      • Zionsville
    • Hamilton County
      • Carmel
      • Fishers
    • Hancock County
      • Greenfield
    • Hendricks County
      • Brownsburg
      • Plainfield
    • Johnson County
      • Franklin, Indiana
      • Greenwood
    • Marion County
      • Central Indiana
      • Indianapolis
  • Blog
  • Contact Us

Frank & Kraft, Attorneys at Law

Indianapolis Estate Planning Attorneys

CONNECT WITH US TODAY(317) 684-1100

Attend a Free Workshop
Home » What Do Probate Lawyers Do?

What Do Probate Lawyers Do?

April 6, 2021Probate

Indianapolis probate lawyers

Throughout the course of your lifetime you will likely need the assistance and/or guidance of several different types of attorneys. Often, it is clear what type of attorney you need based on the type of legal issue you have. For example, if you find yourself under arrest you clearly need to retain the services of a criminal defense attorney. Likewise, if you decide to end a marriage, you need a family law attorney to represent you in the divorce. With other types of legal matters, however, it may not be as clear what type of lawyer you need. For example, what, do probate lawyers do and how do you know when you need to consult with, or retain, one? The Indianapolis probate attorneys at Frank & Kraft explain what probate lawyers do.

What Is Probate?

When an individual dies, he or she will leave behind an estate that consists of all assets owned by the decedent, or in which the decedent had any ownership interest, at the time of his/her death. Some estates are modest, only consisting of personal property, while others are vast, consisting of complex assets along with both tangible and intangible property. To ensure that a decedent’s estate is handled property, the law typically requires that estate to pass through the legal process known as probate. Probate serves several purposes, including:

  • Authenticating the decedent’s Last Will and Testament if applicable.
  • Identifying, locating, and valuing estate assets
  • Allowing creditors to file claims against the estate
  • Litigating any challenges to the Will
  • Ensuring that taxes owed by the decedent and/or the estate are paid
  • Effectuating the transfer of estate assets to the intended beneficiaries and/or heirs of the estate.

What Role Do Probate Lawyers Play in the Probate Process?

Probate can be a lengthy and costly process if the decedent failed to incorporate probate avoidance strategies in his/her estate plan. Because the average person does not deal with probate related issues very often, it can also be a rather intimidating process for those involved. Navigating the judicial system is difficult enough under the best of circumstances. For someone who has recently lost a loved one, trying to navigate the probate process can be even more challenging. This is often where probate lawyers can help.

For example, if you were named as the Executor in the decedent’s Last Will and Testament, or you are planning to volunteer to be the Personal Representative of an intestate estate (when the decedent did not leave behind a Will), you will likely want to retain the assistance of an experienced probate attorney to assist you in the performance of your duties and responsibilities to ensure that they are carried out correctly.

Another common scenario where you may need the assistance of a probate lawyer is if you plan to contest the Will submitted to probate. Contesting a Will requires you to allege, and ultimately prove, that the Will is invalid for one of a limited number of legal reasons. To succeed with a Will contest, it is in your best interest to have an experienced New Jersey probate attorney on your side.

You might also find yourself being the creditor of the estate of someone who recently died. When that is the case, you have a limited amount of time within which you must file a claim against the estate for payment of the debt owed to you. A probate lawyer can help you prepare and file your claim as well as litigate the claim if the Executor does not initially approve the claim.

Finally, probate lawyers can also help you during the estate planning process by explaining tools and strategies you may wish to incorporate into your estate plan to help your estate avoid probate. By including probate avoidance strategies in your estate plan, you will be saving your loved ones a considerable amount of both time and money when it comes time to probate your estate.

Contact Indianapolis Probate Lawyers

For more information, please join us for an upcoming FREE seminar. If you have additional questions or concerns about probate, contact the experienced Indianapolis probate lawyers at Frank & Kraft by calling (317) 684-1100 to schedule an appointment.

  • Author
  • Recent Posts
Paul A. Kraft, Estate Planning Attorney
Paul A. Kraft, Estate Planning Attorney
Paul Kraft is Co-Founder and the senior Principal of Frank & Kraft, one of the leading law firms in Indiana in the area of estate planning as well as business and tax planning.

Mr. Kraft assists clients primarily in the areas of estate planning and administration, Medicaid planning, federal and state taxation, real estate and corporate law, bringing the added perspective of an accounting background to his work.
Paul A. Kraft, Estate Planning Attorney
Latest posts by Paul A. Kraft, Estate Planning Attorney (see all)
  • What Are the Probate Fees in Indiana? - March 23, 2023
  • 5 Medicaid Myths Dispelled - March 21, 2023
  • What Happens to an Inheritance If No One Claims It? - March 16, 2023

Other Articles You May Find Useful

Indianapolis probate attorneys
What Are the Probate Fees in Indiana?
inheritance
How Long Do I Have to Wait to Receive My Inheritance?
Indianapolis estate planning attorney
What Can Go Wrong during Probate?
Indianapolis probate lawyers
What Are the Steps Involved in Probating an Estate?
Indianapolis probate lawyer
Is Probate Necessary after My Mother Passed Away?
When Will I Receive My Inheritance?

Primary Sidebar

Frank & Kraft, Attorneys at Law

Download our free Estate Planning Worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.

Follow Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube

Blog Subscription

Where We Are

Frank & Kraft Attorneys at Law
135 N. Pennsylvania Street Suite 1100
Indianapolis, IN 46204-2485
Phone: (317) 684-1100
Fax: (317) 684-6111

See Larger MapGet directions

Office Hours

Monday8:00 AM - 5:00 PM
Tuesday8:00 AM - 5:00 PM
Wednesday8:00 AM - 5:00 PM
Thursday8:00 AM - 5:00 PM
Friday8:00 AM - 5:00 PM

Map

frankkraft_sidbr_map

Footer

  • Advantages of Working With Our Firm
  • About The American Academy
  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us

Connect with Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
footer-logo

Frank & Kraft Attorneys at Law
Attorney Advertisement

© 2023 American Academy of Estate Planning Attorneys, Inc.

© 2023 · American Academy of Estate Planning Attorneys, Inc. | Disclaimer | Privacy Policy | Sitemap | Contact Us