Probate lawyer: what to know

What the job involves, what changes the price, and what to ask a pro.

What probate lawyer is

A probate lawyer provides information about settling an estate through the court and may represent executors or heirs. Families look for one after a death when assets must be transferred, debts paid and a court process followed. General information only, no results promised.

Signs you need it

  • A relative has died and you have been named executor in a will
  • There is no will and the family is unsure who inherits
  • The deceased owned a home or accounts in their sole name
  • Family members disagree about the will or the distribution of property
  • Creditors are contacting you about the deceased person's bills
  • The deceased owned property in another state

What the pro does

  • Review the will, if there is one, and list the assets and debts
  • Explain, in general terms, the court steps required in your state
  • Prepare and file the petition to open the estate and be appointed
  • Give required notices to heirs and creditors
  • Guide the executor on inventory, paying valid debts and keeping records
  • Prepare final accounting and closing documents for the court

What changes the price

Every job is different, so we do not publish prices. These are the things that move the quote up or down.

  • Whether there is a will and whether it is contested
  • The number and type of assets, such as real estate or a business
  • Whether property is in more than one state
  • The number of heirs and creditors
  • Whether the estate qualifies for a simplified process in your state
  • Whether disputes arise among family members
  • How long the court process takes

What a written quote should spell out

  • Whether the fee is hourly, flat or set by state rules
  • Tasks covered, from opening the estate to closing it
  • Court costs and publication costs billed separately
  • What happens if a dispute arises
  • How the executor will be updated

Questions to ask before you hire

  • Does this estate need a court process, or could a simpler one apply?
  • What are my duties as executor, in plain words?
  • What records should I keep as I go?
  • How are creditors handled?
  • How long do estates like this usually stay open in this court?
  • How do you handle a family member who objects?
  • Can the executor be personally responsible for mistakes?

Red flags

  • A lawyer who promises a fast timeline regardless of court deadlines
  • Advice to distribute property before required notices and steps are done
  • No written fee explanation
  • A lawyer who acts for you and also for an heir with a conflicting interest without explaining it

What you can do yourself

You can gather the death certificate, the will, account statements, deeds and a list of debts. Keep a record of any money you spend or receive for the estate. Do not distribute property before speaking with a licensed attorney, and ask about small estate procedures your state may offer.

Licenses and permits

Probate lawyers must be licensed attorneys in good standing. Check the license with the state bar.

Probate lawyer questions

Does every estate go through probate?

Not always. Rules and thresholds vary by state, and some assets pass outside the court. A licensed attorney can explain.

Can a lawyer tell me how long it will take?

Only in general terms. Timing depends on the court and the estate.

Am I personally liable as executor?

Executors have duties, and mistakes can create problems. Ask a licensed attorney about your responsibilities.

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