Exploring the Path as 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:

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:

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:

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.

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.

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:

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.

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.