My Journey into the Heart of Probate Law: A Retired Probate Attorney's Perspective

During my career as a probate attorney, I have encountered various fields of legal practice, including tax law, tax-oriented estate planning, and eventually, probate law. What started with a mere interest in tax law evolved into a passion for probate law, a practice area that offers unique challenges and opportunities. In this article, I will share my journey and insights into the world of probate law, including the challenges faced and the rewarding aspects of this specialized field.

Early Career Interests and Realizations

My career as a probate attorney began with a keen interest in tax law, a field that seemed to offer substantial financial benefits to large corporations. However, I quickly realized that tax law was not the right fit for me as it was primarily focused on governmental regulations and large-scale financial transactions, which did not align with my personal interests. I then shifted my focus to tax-oriented estate planning, a field that seemed to offer more personal and straightforward scenarios.

For a time, my work consisted of simple estate planning, such as drafting wills and trusts for clients who wanted to leave their assets to their spouse and then their children. While this work was not without its challenges, it lacked the complexity and variety that I craved. It was at this point that my supervising partner assigned me a challenging task that would change the course of my career.

Initial Encounters and Transformative Moments

My supervising partner handed me a client file and instructed me to investigate what happens when probate matters mature. This was my first probate case, and the experience was both daunting and exhilarating. I had not taken any court-oriented classes in law school and was unaware of the location of my local Superior Court. The first court appearance was particularly nerve-wracking as I froze and felt inadequate. However, the guidance from the judge and the support from my colleagues helped me overcome my initial fears.

After my first court appearance, I realized the transformative potential of probate law. Despite the initial challenges, the practice offered unique opportunities to address complex legal issues and make new laws where none existed. I found great satisfaction in resolving probate disputes and contributing to the legal community through thought leadership and case law.

Probate Practice: From Administration to Litigation

Over the years, I have been involved in numerous probate cases, both administrative and litigious. My primary role has been to assist in the probate administration process, which includes opening probate estates, managing their affairs, and ensuring their proper closure and distribution. On average, I have handled around 50 probate administration cases annually, with a typical workload of 200-250 cases per year. This has translated to one case almost every day, providing me with a steady stream of work and continuous learning opportunities.

In addition to probate administration, my practice has also included a significant amount of probate litigation. I have dealt with a wide range of probate disputes, from challenges to wills and trusts to disputes over estate valuations and more. These cases were often novel, pushing me to make new laws where there were no relevant laws previously. This work was both challenging and rewarding, and it has significantly influenced the field of probate law.

The Value of Probate Practice and Its Impact

Many of my fellow attorneys would ask if I found probate law boring, given the repetitive nature of many administrative tasks. However, I found that no two cases were alike, and each one presented unique challenges and opportunities. The probate practice allowed me to engage in complex legal issues, collaborate with diverse clients, and contribute to the development of new case law. It was a fun and engaging practice, and I thoroughly enjoyed it until my retirement.

Now that I am retired, I often miss the dynamic and fulfilling nature of probate law. It was a practice area that provided a sense of purpose and made a tangible difference in people's lives, helping to navigate the complexities of estate planning and probate proceedings.