10 Questions to Ask a Probate Attorney

Losing a loved one is tough, and the last thing you’d want is your family haggling over assets. Even with a valid will, the legal process of probate hangs overhead. Probate involves validating a will and settling estate matters (like paying off debts and taxes) before distributing the remaining assets to listed beneficiaries. 

The probate process can be challenging to navigate. It’s a maze of paperwork filings, deadlines, court appearances, and legal jargon—all of which are guaranteed to add stress and financial burden.

A probate attorney can ease your family’s stress and speed up access to a decedent’s property. For such an important and personal matter, it’s essential to hire the right personal representative to champion your needs and interests. Here, we highlight 10 questions you should ask a probate attorney before you get them to join your team.

10 legal questions to ask your probate lawyer

There are dozens of probate attorneys in the market, so how do you identify the perfect match for you? Here is a list of 10 questions to ask any probate lawyer before officially onboarding them. Think of your first meeting as an interview—your chance to assess the attorney’s knowledge, experience, services, and working style. Their answers should put you at ease and convey confidence. You should leave feeling like your interests and rights are in the most capable hands.

1. What will each step of probate look like for my specific situation?

The probate process can be a maze; therefore, use the first meeting to understand how the attorney plans to handle your case. Do they have a clear roadmap with detailed steps? Their answer should give you insight into their experience and a strong sense of their approach. If you have a complicated estate or a unique situation, you may want to seek out a specialist—you definitely want an attorney who’s been there and done that. 

2. How long does the probate process take in my state?

There is no set answer to how long a probate can take, but an experienced attorney can give you a fair estimate.

For example, in some states, there is an expedited process for smaller estates (for which valuation is below a certain threshold). If that applies to you, you can expect a faster decision. However, if the will’s validity is under question or there's difficulty locating property listed in the will, probate could stretch from several months to several years.

Asking about a timeline will help you manage your expectations and evaluate the attorney's experience.

3. Do you foresee any issues with this probate process?

Any probate process can bring about unexpected twists and turns. It’s better to be prepared from the beginning to handle these issues. Ask your attorney what legal challenges they can foresee and how they plan to tackle them.

4. How can I reduce potential conflict among beneficiaries?

Even the strongest wills can be subject to questioning about interpretation, and it's not uncommon for loved ones to challenge how an executor settles a deceased's estate. Ask your attorney for their experience in handling disagreements between heirs and beneficiaries, and how they plan to advocate for your needs and wishes in front of a probate court.

5. Who will handle the case?

Some attorneys are a one-man show, while others have an entourage of paralegals, researchers, and administrative assistants. With a complicated estate, the probate attorney might bring in a team of people to manage the affairs. If you both feel that your circumstances require a team approach, you have the right to meet all the people working on your case.

6. How will you handle any creditor claims during probate?

Creditors have the legal right to claim debts from an estate. Suss out the attorney's experience with identifying creditors, analyzing their claims, and settling them. If you’re concerned about balancing the estate, be sure to ask something along the lines of: "What have you done when the estate didn't have enough reserves to pay off all debts?" Any mistake in managing creditors can increase your personal liability.

7. What taxes will be due during probate?

The deceased's estate might be subjected to federal, state, and/or local tax laws. An estate sale during the probate process can also impact the tax liabilities. A probate attorney must have an astute understanding of local tax laws so they can develop a strategy that minimizes your tax burden.

Tax issues can also delay how fast you can access a loved one's property. A skilled attorney should be able to provide you with easy-to-understand and implement strategies.

8. How often will we meet or talk during the probate process?

When you hire someone to ensure a loved one's estate gets settled correctly, you want them to be easily accessible for any question or concern you may have. This is even more important if you're based far away from the decedent. Pay attention to how long it takes the attorney (or their paralegal) to reply to a phone call or email. You typically want to work with someone who can commit to getting back to you within 24–48 hours.

9. What are your rates? 

This might seem like a blunt question, but it’s crucial. Attorney services can be expensive, and you must find one that fits your budget. Ask about how they bill clients, whether they charge a flat rate or per hour, and what sort of upfront costs (such as a retainer) you’ll have to pay. Some attorneys also tie their fees to the estate’s value. Don’t be shy about the money talk—you don’t want to be surprised when it comes time to pay.

A probate attorney's fees are typically paid from a deceased's estate assets, which impacts the amount distributed to you and any other heirs or beneficiaries. 

10. How long have you been practicing in the field? 

Probate law is complex, and like other areas of law, having solid experience in the field is important.

Ask your lawyer how many years they’ve been practicing and if they have handled any probate case that's similar to yours. You want to feel confident that your probate attorney will navigate your estate matters capably.

Probate lawyer vs. estate planning attorney: What’s the difference? 

Timing is the key difference between a probate lawyer and an estate planning attorney. An estate planning lawyer works with living clients. Therefore, they assist one in creating an estate plan, drafting a valid will, and setting up a trust—all things that can be done while someone is alive and kicking.

A probate lawyer comes into play after a loved one has died. They work alongside an estate executor and family members to settle a deceased person’s estate. A strong estate plan helps this process go smoother.

Probate lawyer's responsibilities

A probate lawyer is a specialist in a certain segment of estate law: probate. Their most common duties are as follows: 

• Validating the will. Even though a probate court takes the final call on the validity of a deceased person's will (if it exists), a probate attorney will submit the required evidence documents to prove its authenticity.
• Listing and appraising asset inventory. Identifying, categorizing, and appraising assets is a big task. A probate lawyer can speed up the process and ensure the appraised value of the estate's assets aligns with the will.
• Paying bills, debts, and taxes. The probate attorney identifies any remaining bills, debts, and applicable estate taxes. They aid in listing out creditors, sorting their claims, and paying inheritance taxes. 
• Distributing assets. A probate attorney ensures the executor follows all legal requirements as they distribute the final assets according to the will or state intestacy laws if the decedent left no will in place. 
• Giving legal guidance. Probate attorneys offer advice on legal issues like business ownership or tax implications of an estate.
• Mediating disputes. Probate attorneys can mediate any disagreements or challenges to the will between family members and beneficiaries.
• Preparing and filing documents. Probate involves a lot of paperwork. A probate attorney files necessary paperwork, keeps track of court deadlines, and informs others about probate court appearances.

Estate planning lawyer’s responsibilities

Estate planning attorneys guide clients through their end-of-life planning—their wishes for what happens immediately preceding and after their death, when they are unable to speak for themselves. Some typical duties performed by estate planning lawyers are the following: 

• Creating a will and other estate administration documents. Estate attorneys guide you to draft an enforceable and valid will or power of attorney.
• Creating trusts. A trust account is a tried-and-true way to protect your future and secure the well-being of family members and children. An estate planning attorney can help you identify the best type of trust for your needs and then set it up for you. 
• Planning for tax liability. An estate planning attorney works with tax advisers and accountants to reduce estate tax burdens by implementing effective tax strategies. 
• Identifying beneficiaries. An estate planning lawyer can guide you through selecting appropriate beneficiaries for all your possessions, including property, life insurance policies, and retirement accounts.
• Confirming executors. Their legal expertise can provide valuable guidance in selecting an executor so you can identify the most capable person for the task.

How to find a probate attorney

Need a probate attorney to settle the estate of a loved one? Here are a few ways to find the ideal probate attorney for your needs.

Ask for professional recommendations

Tap into your trusted network of family, friends, and professional associations to get recommendations and referrals on good probate attorneys. Getting a name from someone you know provides an extra layer of security.

We’d say go one step further and reach out to your current estate planning attorney and ask them who is best in the business. A recommendation from someone actively working in the field is valuable, as they can connect you with attorneys who are equipped to settle cases like yours.

Look for probate attorneys near you

A general search on Google for “probate attorney in my area” or “probate law firms near me” is a good starting point, but do your research on the results and remember—just because they’re the first result doesn’t mean they’re a match for you!

Using the Google method is an effective way to find lawyers who are familiar with local laws and actively practicing probate law. This can be super important in dealing with the nuances of the probate process in your jurisdiction.

Search LegalZoom’s online attorney directory

The easiest way to find licensed attorneys is to utilize online lawyer directories. LegalZoom’s attorney directory gives you access to an independent network of pre-vetted and experienced attorneys from all 50 states. You can quickly understand each attorney’s expertise and fee structure and read external reviews. Using a service like LegalZoom also eliminates the need for multiple in-person visits to the lawyer’s office, saving you lots of time and money. 

FAQs

How much do probate lawyers charge? 

Like most other lawyers, probate attorneys either charge an hourly rate or work off a flat fee. However, some charge a percentage of the estate’s value, typically 5-7%. The exact amount can vary widely as it's based on factors such as the attorney's experience, location, how complicated the estate is, and the duration of the process. 

Is it possible to avoid probate entirely?

There are multiple ways to avoid going through probate, and the methods vary by state. Generally, you may sell off all your estate's property before your death, establish joint ownership for everything you own (it will automatically go to a spouse to child), or make accounts payable-on-death. Creating a living trust is one of the most popular and efficient ways to avoid probate litigation.

How do I get a probate advance or loan?

You will have to work with a probate lender or advance company to get a probate advance or loan. These providers typically ask you to submit documents, such as the death certificate, will, or bank account statements of the decedent. These will help them understand your expected inheritance and the liquidity of the deceased estate so they provide you with an appropriate advance or loan amount.

Do I need a probate attorney?

This depends on your situation. Did your loved one leave a clear and valid will with proper beneficiary designations? How complicated are your state laws? What was the estate size? Do you have the time and capacity to manage probate on your own?

Not everyone requires a probate lawyer, but support from an experienced attorney can be the golden ticket when it comes to settling a loved one’s property matters. They can help you avoid mistakes that can cost you and other members significant time and money.