Many people use the terms probate lawyer and estate planning attorney interchangeably, but these are two different legal roles that serve different purposes. If you’re preparing for the future or handling a loved one’s estate, it’s helpful to know who does what. Understanding the distinction helps families make the right choice when legal matters come up.
Focus During Life Versus After Death
One of the main differences comes down to timing. Estate planning attorneys work with individuals and families before death. Their work involves preparing wills, creating trusts, setting up powers of attorney, and helping people organize their assets in a way that reflects their wishes. The goal is to help people prepare now so their affairs are in order later.
Probate lawyers, on the other hand, step in after a person has passed away. We work with the family to settle the estate through the court process, carry out the instructions in a will, or help distribute assets when there is no will at all. The legal needs during this time are different and usually involve a formal court process.
Type Of Legal Services Provided
Estate planning attorneys focus on legal tools that help avoid probate altogether or make it easier. This can include setting up living trusts, gifting strategies, or making sure beneficiary designations are up to date. Their work is forward-looking and involves a lot of strategy related to asset distribution and tax planning.
In contrast, our work as probate attorneys begins when someone has passed. We help with tasks such as filing the will with the court, managing court documents, identifying assets, addressing outstanding debts, and overseeing how property is divided. We also represent clients in probate court if disputes arise between heirs or questions come up about the validity of a will.
Working With Families During Difficult Times
Estate planning attorneys usually meet with clients in a more proactive setting—during a time when people are preparing for the future. These conversations often involve personal preferences, financial goals, and family decisions.
Probate lawyers are typically contacted after a loss. The work is often more urgent, especially if the estate needs to be settled quickly or if court deadlines are approaching. We guide families through a process that can be unfamiliar and time-sensitive.
When Each Type Of Attorney Is Needed
If you’re thinking about how your assets will be handled in the future, or you want to help your family avoid court later, an estate planning attorney is the one to contact. If you’re currently responsible for managing someone’s estate after their passing, that’s when a probate attorney becomes necessary.
In some cases, a family may work with both. The person who prepared the estate plan during life may not be the same attorney the family hires after death. That’s especially true if there are legal issues during probate that require additional support or court appearances.
At Marty Martin Bankruptcy Law, we help families manage estate matters with clarity and care. If you’re looking for a trusted Oklahoma City, OK probate lawyer, our team is here to help you move through each step with confidence. Contact us today to discuss your situation and learn more about how we can assist you.