The Difference Between a Probate Lawyer and a Probate Litigation Attorney

The death of a loved one is a life-changing event. On top of the emotional stress, there are legal issues to address. Both probate lawyers and probate litigation attorneys help the family of a decedent (person who died) manage the legal aspects of the death.

What Is Probate?

Probate is the legal process for transferring assets from the decedent to family, friends, and/or other people or organizations. It is run through the Florida probate court system. The process is quite complex, especially if someone contests the will. Probate lawyers and probate litigation attorneys are experts in different aspects of the probate process.

What is a Probate Lawyer?

When someone dies, the assets they owned are called an estate. A probate lawyer helps administer estates. The specific tasks they perform vary based on the needs of the estate and its heirs. If a decedent has a will, then the probate lawyer files the will with the probate court, prepares and files probate court documents, and advises the personal representative of the will on the legal process for administering the estate. Another role that the lawyer may fill or provide guidance on is locating and gathering all of the decedent’s assets. This includes closing bank accounts and security boxes, securing appraisals on jewelry and real estate, and selling or distributing any other personal items, such as clothing, cars, furniture, etc. The probate lawyer also gathers all the debts of the decedent and arranges for their payment.

If a person dies without a will, this situation is called intestate. Florida has intestate laws that the probate lawyer and courts are required to follow about how to divide up the decedent’s assets. In these cases, the lawyer will ensure that all the intestate laws are followed and the estate is lawfully disbursed.

What is a Probate Litigation Attorney?

A probate litigation attorney represents people who disagree with how a will, estate, guardianship, power of attorney, or trust is being managed. For example, a person may contact a probate litigation attorney if they believe they were unfairly disinherited, if they believe the will executor is shirking their fiduciary duty, or if they think that the will was not properly written, or written under duress or undue influence. The probate litigation attorney will advise the client of their rights, file the necessary paperwork with the court, and then, if necessary, argue the case in court as to why their client should prevail.  

The law office of Huth, Pratt, and Milhauser specializes in estate and probate law. We have top-rated probate and probate litigation attorneys who have represented hundreds of satisfied clients. Whether you are looking for guidance with managing the probate process, or you need representation to contest a will or dispute any other aspect of an estate, contact us today for a free consultation.

Huth, Pratt and Milhauser

Huth, Pratt and Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of wills, trusts, estates, probate, guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas includes planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton offices. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

Huth, Pratt and Milhauser

2500 North Military Trail, Suite 460

Boca Raton, Florida   33431

Phone: 561-392-1800


2500 North Military Trail, Suite 460
Boca Raton, Florida   33431
Phone: 561-392-1800

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