Estate administration can be a lengthy process that takes more than a year to complete. Individuals may need to have uncomfortable conversations with family members, spend hours on hold waiting to talk to creditors and attend various hearings in court.
Not only do they have to commit their time and energy to estate administration, but they also have to accept a certain degree of risk. Personal representatives may have direct financial liability in scenarios where they make mistakes during estate administration. Issues with taxes and debts, for example, can lead to financial claims against the personal representative.
Trying to manage the process alone instead of retaining the help of an attorney familiar with probate statutes can be a major mistake. Even those with limited resources typically have the option of hiring an attorney to represent them during probate proceedings.
The estate can pay for legal assistance
If personal representatives had to accept not just liability but also responsibility for the costs of estate administration, very few people would likely volunteer to handle probate proceedings. Thankfully, the estate itself usually covers the costs associated with probate proceedings. The assets from the estate can help pay for court costs and other probate expenses, including the cost of retaining a lawyer.
Even in scenarios where the estate may not be particularly large, estate administration costs are the highest priority financial obligation. Estate resources must help cover costs including court fees and lawyer invoices before the personal representative uses resources to pay unsecured debts or distribute assets to beneficiaries.
Personal representatives generally do not have to cover the costs associated with securing legal support and may benefit significantly from acquiring representation. An attorney’s guidance can help them avoid mistakes that could lead to personal financial liability.
Additionally, a lawyer can handle certain aspects of estate administration, such as attending hearings. The personal representative can diminish the demands on their time by outsourcing certain tasks to the attorney assisting them.
Instead of trying to manage estate administration and probate proceedings alone, many people who serve as personal representatives need the assistance of a legal professional. Realizing that an estate can cover the cost of legal representation could help those tasked with estate administration get the support and guidance they need.