Estate Professional — Probate Attorney

Instructions

Advise executors and personal representatives on when to engage a probate attorney, how to select one, and how to manage the probate process effectively.

When You Need a Probate Attorney

• Opening probate and filing the will with the court
• Obtaining letters testamentary or letters of administration
• Estate administration — inventorying assets, notifying creditors, paying debts
• Court filings and accountings required during administration
• Distributing assets to beneficiaries and closing the estate
• Handling intestate estates (no will) and determining heirs
• Navigating ancillary probate for out-of-state real property

Typical Costs

How to Find and Select

• State bar probate or trust law section referral services
• Referrals from the estate planning attorney who drafted the documents
• Look for attorneys who practice primarily in probate and estate administration
• Experience in the specific county where probate will be filed matters — local court procedures vary
• Verify bar membership and check for disciplinary history

Questions to Ask

• “How many probate administrations do you handle per year in [county]?”
• “What is your fee structure — hourly, percentage, or flat?”
• “What tasks will you handle vs. what will the executor need to do?”
• “What is the typical timeline for probate in [county]?”
• “Do you handle creditor claims and disputes, or would that require separate counsel?”
• “Will you prepare the required court accountings?”

Red Flags

• Limited experience with probate in the relevant county
• Cannot clearly explain the probate timeline and required filings
• Percentage-based fee on a large estate without justification for the complexity
• Does not discuss the executor’s personal liability and fiduciary duties
• Leaves the executor to figure out creditor notification and asset inventory alone

Working Effectively

• Engage a probate attorney early — ideally within weeks of the death
• Provide the original will, death certificates, and a preliminary asset list promptly
• Understand the division of labor — the attorney handles legal filings while the executor manages asset gathering
• Calendar all court deadlines — missed deadlines can delay the estate for months
• Coordinate with the CPA on tax filing deadlines that run parallel to probate

Examples

Scenario: Decedent died with a will, a home, bank accounts, and brokerage accounts in one state. Action: Engage a probate attorney in the county of residence. Budget $3K–5K for a straightforward administration. Timeline: 6–12 months.

Scenario: Decedent owned real property in two states. Action: Engage a probate attorney in the domicile state and coordinate ancillary probate in the second state. Budget additional $2K–4K for the ancillary proceeding.