What are some things that paralegals do in the are of probate law?

What kinds of responsibilities to paralegals working in the field of probate law have???

Probate paralegals are responsible for managing the probate administration of an estate from start to finish. From gathering the decedent's biographical information, determining who the heirs or beneficiaries are, determining the estate assets, filing the petition for probate, sending formal notice to the heirs/beneficiaries and creditors, negotiating/settling creditor claims, conducting the estate inventory, liquidating assets if need be, making proper distribution to the heirs/beneficiaries and closing the estate. Probate law is very technical with a lot of important deadlines that must be tracked very carefully. Additionally, the heirs/beneficiaries will be anxious to receive their inheritance and will require a certain amount of 'hand holding'.

Probate administration becomes even more complex if there are undetermined heirs that need to be dealt with, a defective Will, conflicting Will provisions, devises to a Trust, excess devises to minor children which require establishment of a Guardianship, or in the worst case scenario, a Will contest that devolves into protracted litigation.

There is a great deal of client interaction, which can be very emotional, and a paralegal often plays the unintended role of confidant, counselor, and therapist. You will see the best and worst of people: gifts to charity, dysfunctional families that turn what should be a straightforward administration into the 'last stand' to air family grievances, bequests to mistresses, disinherited immediate family, manipulation, greed, avarice. Each estate gives you a birds'-eye view into the life of the deceased. Some you will wish you had been able to know while they were alive b/c they led such interesting, productive lives; others, you'll see the legacy of destruction and damage they've left behind.

I enjoyed my years in probate/estate planning & learned a lot, both substantively and procedurally. However, after 5 years of the intense client contact, I needed a change.

As well as decedent matters, at least in Colorado conservatorships and guardianship matters also come under probate.

Generally, in these matters, a so-called "interested person" petitions the court for appointment of a conservator and/or guardian for a so-called person at risk ("respondent"). Most of the persons at risk I encountered were older people who could no longer handle their affairs. The petitioner is someone who is interested in the estate, financial affairs or welfare of the respondent.

The petitioner will nominate someone to serve as conservator and/or guardian. The petitioner must offer medical evidence the respondent is disabled or impaired. Petitioners usually offer a letter from the person's doctor as proof the respondent is disabled or impaired.

The Court will set a hearing, receive evidence and enter an order appointing a conservator and/or guardian for the respondent. The respondent then becomes the Court's ward. The probate clerk/registrar will issue Letters of Conservatorship and/or Guardianship. The Letters are the conservator's/guardian's credentials showing that he/she is authorized to make medical and/or financial decisions for the ward.

The Court can appoint conservators and/or guardians for minors simply because they are under eighteen. Usually these situations result if the minor is receiving a financial settlement as the result of a personal injury case.

Most of the conservatorships/guardianships our office handled were uncontested and fairly calm. The contested conservatorships/guardianships frequently became extremely contentious and beyond emotional, especially when family members and multiple attorneys got involved. These matters were sometimes very costly because attorneys, professional guardians, etc. can be paid from the ward's estate. Paying these fees could drain the estate of funds the original petitioner had asked the Court to protect!

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Surprisingly, I found that contested protective proceedings were far more contentious litigation than the lion's share of straight PI-auto civil litigation and Workers' Comp matters I encountered in that practice. But I found conservatorships/guardianships to be interesting, probably because each case was different. Ultimately, PI-auto cases boil down to defendant's car colliding with plaintiff's car. If liability was undisputed, the rest of the case was only to determine plaintiff's damages.