Exploring the Path as a Probate Paralegal

Probate is the process followed when someone dies and leaves assets to be distributed. If the dead person (decedent) left a will, their personal representative and an attorney must review the estate and make sure the will is followed. The attorney depends on the probate paralegal to file court documents, meet deadlines, and contact the estate's heirs, beneficiaries, and creditors.

Probate is part of estate planning. A probate paralegal most likely knows other aspects of estate planning, like wills, trusts, and property law. We’ll look at what probate paralegals do and what you need to become a qualified probate paralegal.

What is a Probate Paralegal?

A probate paralegal is a paralegal with specialized knowledge of probate law. Probate law covers the practice area of estate planning, which comes after a person’s death, and includes:

• Validation of a will

• Valuation of the decedent’s estate

• Notification of heirs and beneficiaries

• Notice to creditors and government agencies (such as Medicare)

Probate paralegals may act as estate planning paralegals before someone’s death and assist in drafting wills and trusts, transferring property deeds from an individual into a living trust, updating trusts, and writing codicils for wills and other estate planning details.

Key Responsibilities of a Probate Paralegal

Beyond the usual duties of a paralegal, a probate paralegal is essential in assisting an attorney with keeping the probate process on track. You’ll need to ensure all documents are completed accurately and filed promptly and that all information reaches the courts and the executor when required.

You will also:

• • Prepare legal documents related to estate planning, such as wills, trusts, powers of attorney and so forth
• • Communicate between your client, family members, beneficiaries, heirs, and creditors
• • Calendar hearings, filing deadlines, and court appearances
• • Research state laws, especially if the decedent or heirs are out of state
• • Conduct real property transfers and record deeds and other documents

Required Skills and Qualifications

A probate paralegal needs specialized knowledge to assist the attorney and the client at a difficult time. A good paralegal can succeed anywhere, but a probate paralegal needs more than just skill and experience. Probate laws differ in each state, so you must know how wills and trusts are handled wherever you live.

A good way to learn these skills is to check the state bar association website in your state. The American Bar Association has a paralegal section, and most state bars are linked to the national site. Some cities have local associations that can help paralegals learn local rules.

Other essential skills needed for a probate paralegal include:

• Knowledge of legal documents

Such as wills, trusts, surety bonds, creditor notices

• Docket management and calendaring

For example, publishing creditor notices, must be done weekly, and notices of the hearing must be sent to “interested persons” a certain amount of time before the hearing.

• Paralegal certificate or certification.

• Good communication skills.

Paralegals must contact heirs and relatives who may not know of the decedent’s death or may not be on good terms with the rest of the family. They’ll need to coordinate with creditors, who often wait until the last minute to send their accounts, and with government agencies, which may need information about the decedent the paralegal may not have.

• Detail-oriented and good organization.

All this must be done while the paralegal carries out their daily duties. Probate consists of “hurry up and wait” most days, and everything must be in place when it’s time to have the hearing.

You should be able to draft a will, file life insurance claims, talk to grieving family members, and find the government website for veteran’s benefits for widows. Your attorney will thank you.

Educational Path and Certification

Paralegal studies courses and classes are available at colleges and online. The American Bar Association lists ABA-approved schools where you can receive a paralegal certificate or degree. Some colleges, such as National Paralegal College, offer online courses with certifications and two- and four-year degrees in paralegal studies with estate planning courses.

When obtaining a paralegal specialization, students should understand some key definitions.

• • A certification is evidence of passing an examination or meeting professional standards. BarBri offers an Advanced Paralegal Certification.

• A certificate is proof of completing an educational course, usually less stringent than obtaining a degree. NALS has a certificate in paralegal probate, which paralegals can get after the basic paralegal certificate.

• A license is proof of passing a state-level educational course, like a certificate, but required by the state or sometimes the county or federal government. You won’t need a specific license to become a probate paralegal.

• An accredited college or university issues a degree. It may be a two—or four-year degree and usually requires a progression of courses and general education. The National Paralegal College has a specialization in its B.A. in probate and wills and trusts.

A paralegal certificate is your starting point; a certification shows employers you have taken advanced training to improve your employability.

If you decide to get a degree, remember that you will receive a general degree in paralegal studies. You’ll still need to get a certificate or certification in probate if you want to specialize and distinguish yourself from other candidates.

Gaining Experience and Finding Jobs

In general, internships in your desired practice area are an excellent way to get experience in paralegal work. Even without your probate paralegal certification, on-the-job training is available from senior paralegals and solo attorneys who need the help. Most will gladly show you the ropes if you’re willing to learn.

Another way to start with entry-level jobs is through job search sites like indeed.com or ziprecruiter.com. Enter “probate paralegal” and begin with the positions that match your skill set. Don’t be afraid to take a job below your pay grade. Tell the interviewer that you’re trying to improve your knowledge base.

Professional organizations are suitable for networking and job boards. These groups can point you in the right direction for more education and certification programs.

• National Association for Legal Support Professionals NALS has an advanced certificate in probate law.

• • American Association for Paralegal Education
• • American Alliance of Paralegals
• • National Association of Legal Assistants
• • National Federation of Paralegal Associations NFPA offers an advanced certificate in elder law, which includes estate planning.

Career Advancement and Salary Expectations

The paralegal field has a good job outlook. The best way to optimize your career path is through specialization, such as probate and estate planning. Certification through professional organizations helps demonstrate your commitment to your professional growth since most require continuing legal education (CLE) and regular testing and updates.

The median annual wage for paralegals in the United States is about $56,000. Specialists can command much higher salaries, and senior paralegals can earn six figures. Glassdoor reports that bankruptcy paralegals average around $72,000 starting pay, and senior paralegals can expect over $100,000.

The Probate Process and the Role of a Paralegal

Probate begins when someone’s representative or executor contacts an attorney to start the probate process. The attorney (or, instead, the attorney’s probate paralegal) starts the procedure by filing a petition for probate. This asks the court to either admit the decedent’s will to confirm its authenticity or acknowledge the decedent died without a will ( intestate) and request that someone be appointed official executor.

The paralegal is responsible for keeping the probate process on track. Your attorney has other cases; the personal representative is a layperson and won’t know the deadlines and probate filings. Your job includes:

• Filing all necessary documents and requesting documents from other agencies, such as the death certificate

• Publishing the estate notice and sending notice to creditors

• Tracking creditor’s claims and providing them to your attorney

• Sending notice to beneficiaries, heirs, and other interested parties

Paralegals in estate planning must combine speed and efficiency with accuracy and an ability to meet tight deadlines. You’ll also need a calm, comforting demeanor and be able to coax information out of upset or angry relatives. Remember, you’re meeting people at one of the worst times of their lives.

Common Challenges and Opportunities in the Role

Along with the usual stresses of being a paralegal, probate paralegals deal with people at stressful times. Family members and heirs only sometimes understand the probate process. Emotions are usually high, especially when you explain that they can’t just take their share of the estate and go home.

You’ll also face the challenges of dealing with government agencies, like the IRS, Medicare, and possibly the VA. Prepare to spend much time on the phone waiting for your important call to be answered by the next available representative. Most probate work is done via phone, correspondence, and email.

Probate and estate planning are practice areas that will always stay. The more you learn and enhance your skill set, the more valuable you will become as a paralegal and assistant.

Closing Thoughts

A career as a probate paralegal is a great move forward if you’re already a paralegal or legal assistant. Get an advanced certificate or certification and take continuing law education classes to improve your estate planning skills. If you’re just starting your legal career, you can focus your training on estate planning and probate at the start.

Consider a two—or four-year degree in paralegal studies with an estate planning specialization. Take advantage of every chance to volunteer or get internships with wills and trusts attorneys or elder law firms. Career advice forums online are another good place for insight and ideas.

Sources:

• https://www.investopedia.com/terms/p/probate.asp

• https://medium.com/@ldapro/the-role-of-a-probate-paralegal-in-estate-planning-and-administration-cf189ef024d0

• https://www.americanbar.org/groups/paralegals/profession-information/educational-information-for-paralegals/

• https://www.nationalparalegal.edu/Wills.aspx

• https://www.bestcolleges.com/blog/certificates-certifications-licenses/

• https://www.bosstaff.com/2022/03/15/what-is-the-career-path-for-paralegals/

• https://www.glassdoor.com/Salaries/bankruptcy-paralegal-salary-SRCH_KO0,20.htm