An executor or personal representative agrees to manage estate administration out of respect for a decedent or testator. Some people agree to accept the role when a loved one creates an estate plan. Others step up during the early stages of probate court after a loved one dies.
Sometimes, there are resources set aside to compensate those who act as the personal representative of the estate. Other times, their desire to fulfill the last wishes of their loved ones is the only real incentive motivating them to do the thankless work involved in estate administration.
All too often, personal representatives try to handle the entire stressful process on their own instead of securing legal representation. They may then make mistakes that put themselves at risk financially and legally. What they may not realize is that the estate itself can pay for an attorney to help them during probate proceedings.
Probate costs are a top estate priority
A personal representative may already recognize that the estate has more debts than assets. They may worry that any additional costs might only complicate the situation. However, they are in a vulnerable position. Failing to follow the right procedures or to pay the debts in the right order of priority could put them at risk of legal and financial liability.
The top priority during estate administration is to cover estate administration and probate court costs. Other debts take lower priority. Therefore, estate resources can typically help pay for the cost of legal representation. The representative does not need to secure their own attorney because the estate can pay for a lawyer to help them as they handle estate administration.
A lawyer can make sure that they meet all of their disclosure and communication requirements. An attorney can also help manage financial obligations and advise the personal representative about which debt takes priority when an estate has limited resources. Instead of trying to make sense of the law and the complex probate court process without help, it is usually better to get assistance from someone who understands the law and the risks that personal representatives have during probate.
Hiring an attorney to assist with estate administration can limit the risk that a personal representative accepts when taking on that role. Those who know that an estate can pay for their legal assistance may feel more comfortable securing the guidance of a lawyer.
