What is the Difference Between a Probate Lawyer and an Estate Lawyer?

The legal processes that follow a loved one’s death can be overwhelming, especially when terms like “probate lawyer” and “estate lawyer” are used interchangeably. While both professionals deal with estate matters, they have distinct roles in Pennsylvania’s legal system. 

In Pennsylvania, the distinction usually lies in the timing of services, the nature of the tasks performed, and the goals involved. Probate lawyers typically assist after death, and estate planning attorneys play a proactive role in lifetime planning.

Defining the Terms: Probate Lawyer vs. Estate Lawyer

What Is a Probate Lawyer?

A probate lawyer is a legal professional who assists executors, administrators, and heirs with managing and settling a decedent’s estate through the probate process. Probate lawyers focus on matters after a person’s death, particularly where a formal court-supervised estate administration and probate court documents are required. Key tasks include:

• Filing the will with the Register of Wills
• Petitioning for probate
• Assisting with the appointment of the executor or administrator
• Helping compile and value estate assets
• Managing claims from creditors
• Ensuring proper payment of debts and taxes
• Distributing remaining assets to heirs or beneficiaries
• Handling disputes over wills, inheritance, or estate administration

What Is an Estate Lawyer?

An estate lawyer, commonly referred to as an estate planning attorney, helps individuals plan for the future by structuring how their assets will be managed during life and transferred after death. These lawyers draft estate planning documents and provide strategic guidance to minimize taxes, avoid probate, and preserve family wealth. Key tasks include:

• Drafting wills and trusts
• Creating powers of attorney
• Drafting advance healthcare directives
• Advising on inheritance to minimize estate taxes
• Planning for long-term care and Medicaid eligibility
• Creating business succession plans
• Titling assets for probate avoidance

Key Differences in Scope and Timing

Timing of Legal Services

• Estate Lawyers: Focus on lifetime planning to prepare clients for incapacity and to protect assets after death.
• Probate Lawyers: Step in after a person’s death to manage the legal transfer of property and resolve any disputes.

For example, a Pennsylvania estate planning lawyer might draft a revocable living trust to help a client avoid probate, while a probate attorney would assist the successor trustee in distributing assets after the client passes away.

Focus of Legal Practice

• Estate lawyers are primarily concerned with preventative legal matters, which involves helping clients structure their affairs to avoid problems later.
• Probate lawyers are more reactive, helping to resolve legal obligations and disputes related to a loved one’s estate that may arise when a person dies.

However, it is worth noting that many attorneys in Pennsylvania handle both areas of law, offering a continuum of service from planning to post-death administration.

Court Involvement

• Probate lawyers regularly appear before the Register of Wills and Orphans’ Court in the county where the decedent lived.
• Estate lawyers may have little or no court involvement, as their focus is on private, pre-death planning.

For example, a probate lawyer may file an inheritance tax return with the Pennsylvania Department of Revenue and respond to court inquiries, whereas an estate attorney may help a client title assets jointly to avoid court involvement entirely.

Handling Estate Disputes

• Probate lawyers handle contested matters such as will challenges, executor misconduct, or inheritance disputes.
• Estate lawyers aim to prevent such disputes by crafting legally sound and comprehensive planning documents.

In Pennsylvania, probate disputes may involve:

• Allegations of undue influence or lack of capacity
• Conflicts among family members
• Disagreements over the interpretation of a will
• Questions about the legitimacy of creditors’ claims

Probate attorneys must be well-versed in Pennsylvania’s Probate, Estates and Fiduciaries Code (Title 20 of the Pennsylvania Consolidated Statutes), as well as procedural rules governing Orphans’ Court litigation.

Why the Distinction Matters in Pennsylvania

Pennsylvania’s probate and estate laws are unique in several respects, including:

• Inheritance tax that applies to most estate transfers
• Local Register of Wills offices in each county that oversee probate filings
• Lack of a unified probate court system (each county’s Orphans’ Court has jurisdiction)
• No requirement for formal probate unless assets exceed a certain value or are held solely in the decedent’s name

Because of these local nuances, choosing a lawyer with the right experience, whether in planning or administration, is critical.

Common Scenarios: Which Lawyer Do You Need?

Scenario 1: You Want to Avoid Probate

If your goal is to keep your assets out of probate, reduce inheritance tax exposure, or prepare for incapacity, you should speak with an estate lawyer. This attorney can help you use tools such as revocable living trusts, joint ownership, beneficiary designations, lifetime gifting, and charitable giving strategies.

Scenario 2: You Have Been Named Executor of a Will

If a loved one has passed away and you have been named executor in their will, or there is no will and you need to administer the estate, you need a probate lawyer. This attorney can assist and represent you in probate filings, asset inventory and valuation, settling debts and taxes, and distributing property according to the will or intestacy laws.

Scenario 3: A Family Member Is Contesting the Will

In cases of estate litigation, such as a will contest, allegations of undue influence, or a dispute over the decedent’s intentions, a probate litigation attorney is essential. These attorneys combine knowledge of probate procedure with trial advocacy skills.

Can One Lawyer Handle Both Roles?

In many Pennsylvania law firms, including respected practices like Morella Bencsics in Pittsburgh, lawyers handle both estate planning and probate matters. This dual capability can be advantageous, offering continuity and a deeper understanding of how planning choices affect real-world administration. Attorneys who draft the will and trust can:

• Defend those documents in court
• Serve as advisors to the executor or trustee
• Streamline asset transfers by ensuring legal consistency

However, in complex or contested matters, some clients retain separate attorneys for planning and litigation, depending on the situation.

Get Legal Representation from Our Dedicated Probate and Estate Lawyers

Secure your family’s future with trusted estate planning and probate counsel from Morella Bencsics. Our experienced Pennsylvania attorneys deliver personalized, results-driven solutions with integrity and dedication. Reach out to us today to protect your legacy. Your peace of mind starts with a phone call. To schedule your free consultation, call us at (412) 960-1656 or contact us online.