The Role of an Attorney During the Probate Process

By Chris Tymchuck
Founding Attorney

Losing a loved one is hard enough without having to figure out the legal process that follows. How do you ensure their wishes are honored while meeting all the legal requirements? Probate often feels like a maze of paperwork and court procedures, leaving many people unsure of where to begin. It’s understandable to feel overwhelmed, but you’re not alone. With the right guidance, you can handle probate with confidence, knowing you’re taking the right steps for your family and your loved one’s legacy.

What Is Probate, and Why Does It Matter?

Probate is the legal process of settling a person’s estate after they pass away. It ensures that their debts are paid, assets are distributed to the appropriate beneficiaries, and all legal requirements are met. 

Why does it matter? Probate provides clarity and order during what can be a confusing time. It ensures that property is transferred lawfully and disputes are resolved fairly. Without it, family members may face challenges in accessing accounts, transferring titles, or managing the estate. 

However, probate can involve court oversight, strict deadlines, and detailed paperwork. Even small mistakes can cause delays or additional costs, which is why many families turn to an attorney for guidance. With the right support, probate can become a way to honor a loved one’s wishes while protecting their legacy.

How an Attorney Helps During Probate

Probate involves many steps, from filing documents with the court to managing the distribution of assets. An attorney’s role is to guide you through each stage and handle legal complexities so you can focus on your family during a challenging time. Here’s how we can help:  

  • Opening Probate: We assist with filing the necessary documents to open probate with the court. This includes submitting the will, if one exists, and ensuring all heirs and creditors are notified.  
  • Identifying and Valuing Assets: We help compile a detailed inventory of the estate’s assets, ensuring accurate valuation and proper categorization of what’s subject to probate.  
  • Managing Debts and Taxes: We guide you through paying outstanding debts and filing required tax returns, reducing the risk of errors or penalties.  
  • Handling Court Filings: From petitions to motions, we handle all required court paperwork and represent you at hearings.  
  • Resolving Disputes: If conflicts arise among heirs or creditors, we provide solutions to minimize conflict and protect your interests.  

Our goal is to simplify the process and ensure the estate is handled properly and efficiently. With professional legal support, you can feel confident that everything is being managed the right way. 

Common Misconceptions About Probate Attorneys

Many people hesitate to involve an attorney during probate because of common misconceptions. Let’s clear up some of the confusion:  

  • “I don’t need an attorney for a small estate.” Even smaller estates can involve legal challenges, such as disputes among heirs or unclear asset distribution. An attorney can provide guidance to avoid mistakes.  
  • “Hiring an attorney will make things more complicated.” On the contrary, we simplify probate by handling court filings, meeting deadlines, and ensuring everything is done correctly. This can prevent unnecessary delays and stress.  
  • “Probate always takes years to complete.” While some cases can be lengthy, many estates are resolved in a matter of months. An attorney helps ensure the process stays on track, avoiding unnecessary delays caused by errors or missed deadlines. 

Having an attorney during probate doesn’t add complexity; it provides peace of mind and helps ensure the process goes as smoothly as possible. 

How Unique Estate Law Can Help You

At Unique Estate Law, we understand how overwhelming the probate process can feel. We are here to take that burden off your shoulders, providing clear and compassionate guidance every step of the way. From filing the initial paperwork to resolving disputes, we handle the details so you can focus on what matters most—your family and your loved one’s legacy.

We take the time to understand your situation, answer your questions, and keep you informed throughout the process. Whether it’s managing court filings, ensuring debts and taxes are addressed, or distributing assets in accordance with Minnesota law, our approach prioritizes efficiency and your peace of mind.

Let Us Help You Through the Probate Process

When you work with Unique Estate Law, you’ll feel confident knowing your loved one’s estate is in capable hands. Reach out to us today to learn how we can support you during this challenging time. Let’s make probate a smoother journey together.

About the Author
As a Minneapolis Estate Planning and Probate attorney I help build and protect families through the adoption, estate planning, and probate processes. I also have experience working with families on issues related to their small businesses. I know how difficult it is to find time to plan for the future and I am here to help walk you through it.