If you’re already researching the costs of probate lawyers, chances are you won’t be surprised to hear that probate is expensive. Like very, very expensive.
On average, the probate process for an estate costs approximately $14,000*.
That sum includes filing fees, appraisal costs, administration costs, and everything in between. And although it is just a small aspect of the probate process, much of that $14K sum comes from costs associated with hiring and retaining a probate lawyer.
How Much Does a Probate Lawyer Cost Fast Facts
- On average, expect to pay between $200 to $500 per hour for a probate lawyer.
- There are five standard ways to charge for legal services in probate: hourly rate, flat fee, retainer fees, contingency fees, and percentage of the estate’s value.
- You don’t always have to get a probate lawyer.
- The bigger your estate, and the more complicated the relationships between beneficiaries, the more you’ll need one.
How are probate lawyer fees charged?
There are five standard ways that lawyer fees are typically charged:
- Hourly Rate
- Flat Fee
- Retainer Fees
- Contingency Fees
- Percentage of the Estate’s Value
Hourly Rate
This is the most common cost structure for probate lawyers—or any type of lawyer, for that matter. The hourly rates will fluctuate based upon demand for the lawyer’s services.
On average, expect to pay between $200 to $500 per hour for a probate lawyer.
If the lawyer has an excellent reputation and is in high demand, however, you can expect that the lawyer fees will be a bit higher. It’s not uncommon to see lawyers charge upward of $1,000 per hour.
Just because a lawyer charges for a certain rate per hour does not mean that you’ll be charged for that whole hour, of course. Probate lawyers are required to keep track of the exact minutes that they spend working on your estate or case, so you can expect to receive an exact listing of how much time they spent on specific tasks when you receive the final bill.
In most cases, probate attorneys will choose to split up hours into 1/10th increments—meaning that they will charge for each 6 minutes of work.
So, if a lawyer charges $500 per hour but only works on your estate for 2/10th of an hour, then you’ll be charged $100. Another way to think of it is that a lawyer who charges $500 per hour also charges $50 per 1/10th of an hour, so they’re effectively charging you $50 per every 6 minutes of work.
If those numbers seem a bit excessive, don’t worry—that’s the high end of the spectrum. Lawyers typically hire paralegals (legal assistants) for administrative work and some of the less technical tasks. Paralegals charge a much lower hourly rate, so any administrative work will not come at such a high cost.
When does an hourly rate make sense?
- If the lawyer is assisting you through a general legal process.
- If there is a set end date to the process.
- If a lawyer is consulting you on a specific matter.
When does an hourly rate not make sense?
- If you plan on establishing a long-term business relationship with the lawyer.
- If you are seeking the lawyer’s assistance in drafting a business contract.
- If you are seeking the lawyer’s assistance in bankruptcy proceedings.
- If you are seeking the lawyer’s assistance in drafting a deed or will.
Advantages of hourly rates
There are many benefits to hourly rates:
- It’s easy to understand.
- You see what you are paying for.
- Lawyers and clients can proceed based upon need—it can be ramped up or stopped depending on the level of need.
- Allows for flexibility.
Disadvantages of hourly rates
- You don’t know how much time certain tasks will take. The longer it takes, the more it costs.
- You won’t see exactly how many hours (or portions of hours) are worked on certain tasks until you receive the final bill.
Flat Fee
In some cases, probate lawyers will charge a flat fee for services performed. The lawyers will often require either a portion of the flat fee or the full fee before they will begin working on your estate.
Flat fees are common when you are only hiring the lawyer for a specific purpose—like drafting a real estate deed to reflect sole ownership or handling bankruptcy cases.
Because flat fees depend on the prestige of the lawyer and the estate’s location, these fees can range anywhere from $3K-$5K up to $50K+ depending on the estate’s size and complexity.
If you have a relatively small estate ($300K-$400K), $10K+ might be on the high end for a flat fee. If your estate is complex, however, then a fee of that size could still be worth the cost.
It’s always a good idea to ask for quotes from a few different probate lawyers. That will allow you to compare prices and see which probate lawyer best meets your needs.
When does a flat fee make sense?
- If you are seeking a probate lawyer to draft a legal contract.
- If you are seeking a probate lawyer to draft a will or deed.
- If you want to limit costs and only need the lawyer’s assistance for one specific purpose that can be accomplished quickly.
When does a flat fee not make sense?
- If you are seeking a probate lawyer’s assistance in a legal process or steps of a process.
- If you are seeking to establish a long-term business relationship with the probate lawyer.
- If you are seeking complex legal advice with many variables.
Advantages of flat fees
- There are no surprise costs.
- You know exactly what you are paying for and know what to expect in return for your payment.
- This method of payment is transparent.
- You get the expenses out of the way.
- The lawyer does not have to track hours.
Disadvantages of flat fees
- There is no flexibility.
- You cannot request additional services.
- There is no room for the lawyers to ramp up if your estate’s legal needs increase.
Retainer Fees
Many probate attorneys require retainer fees when assisting with the probate and estate settlement process.
A retainer is a unique way to pay the attorney a fixed sum up-front. The client gives the lawyer an up-front payment that is agreed upon beforehand. As the lawyer works on the client’s legal matter, the lawyer deducts funds from the retainer.
If the retainer drops below a certain amount, then the client is required to replenish the retainer before the lawyer will continue working on the legal matter at hand.
A retainer is not usually intended to cover all of the probate lawyer’s costs. Instead, it is an initial payment to establish a working relationship between the lawyer and payment.
If the lawyer continues serving the client, the lawyer will require that the retainer be replenished. If the lawyer does not serve the client or stops providing services while there are still funds in the retainer, then the lawyer will return the remaining funds in the retainer to the client.
Expect to pay an initial retainer between $3K and $10K. If the probate lawyer is especially renowned, the retainer may be above $20K.
Retainers are often used when an individual plans on working with the client for a long period of time. Retainers are generally thought of as “long-term” payment solutions, so you shouldn’t let a lawyer charge you a retainer if you are only seeking advice on a specific or small issue.
When does a retainer make sense?
- If you are seeking to establish a long-term business relationship with the probate lawyer.
- If you will need the lawyer’s assistance over a long period of time.
- If you will need the lawyer’s assistance for a variety of legal issues.
- If your legal issues are complex or include many different variables.
When does a retainer not make sense?
- When you’re only seeking legal advice on a specific issue.
- When you’re only seeking legal assistance on one legal process.
- When you’re seeking legal assistance in creating a contract.
- When you’re seeking legal assistance in writing a will or deed.
Advantages of retainer fees
- Retainer fees create a trusting relationship between the probate lawyer and client.
- Legal strategies can be developed that span a longer time frame.
- Allows for a steady, uninterrupted working relationship.
Disadvantages of retainer fees
- It is not a practical method for the drafting of contracts, wills, or deeds.
- It is not a practical method for short-term working relationships between the client and probate lawyer.
- Retainer fees can become costly in the long run.
Contingency Fees
Contingency fees are the least common type of fees that you’ll encounter in the probate process. These fees are usually used in liability cases, injury lawsuits, or any other legal situation where the client could receive a large monetary settlement.
With contingency fees, the client does not have to pay anything initially. The client is responsible for paying any court fees or costs accrued during the legal process, but the client does not pay any up-front sum to the lawyers.
Although they don’t accept an initial payment, the lawyers are entitled to a certain percentage of the monetary settlement if the client wins the case. This payment is contingent upon the lawyers successfully representing the client and winning the case—which is why these fees are called “contingency” fees.
In some cases, the attorney will charge 20% or 30%. In other cases, the attorney’s contingency fee might be even higher. It depends solely upon the complexity of the case and the lawyer’s own rates.
When would contingency fees ever come into the probate process? Well, these fees would only apply if a dispute ever occurred between interested parties regarding the settlement of the estate or the contents of the will.
These disputes—called will contests—are often messy, dramatic, and expensive. As we’ve written before when discussing will contests, only interested parties who stand to gain or lose from the contents of the will can actually bring a will contest before the court.
In these cases, a probate lawyer may charge a contingency fee with the intention of receiving a percentage of the monetary settlement if the client is awarded a distribution.
If you have hired a probate lawyer who charges a contingency fee based upon a monetary distribution, expect to pay between 30% and 40% of the distribution. If you receive $100K from the estate distribution, you will end up paying the lawyer between $30K and $40K.
When do contingency fees make sense?
- If there is a case with the possibility of a large monetary settlement.
- If there is a high chance of the client winning the case.
- If there is a probate-related dispute—like a will contest—that could result in a monetary distribution.
When do contingency fees not make sense?
- If there is not a case with the possibility of a large monetary settlement.
- If you’re seeking assistance on a specific process or probate-related question.
- If you’re seeking assistance on drafting a contract, deed, or will.
- If you’re hoping to establish a long-term business relationship with the probate attorney.
Advantages of contingency fees
- You don’t have to pay any up-front costs.
- You will only have to pay the lawyer if you win a monetary settlement—so it’s not like the payment will even come out of your own pocket.
Disadvantages of contingency fees
- If you win a monetary settlement, you will be liable to pay the lawyers a significant portion of that settlement.
- Just because you don’t pay the lawyer fees doesn’t mean you don’t have to pay anything. You still have to pay other court fees and expenses involved in the case.
Percentage of the estate’s value
This is a rare method of payment and one that you’re unlikely to encounter. In this payment method, the lawyer receives a set percentage of the estate’s value for the services performed.
This method of payment is only allowed in the following states:
- Arkansas
- California
- Florida
- Iowa
- Missouri
- Montana
- Wyoming
Unless the estate is domiciled in those 7 states, you don’t have to worry about the probate lawyer charging you a certain percentage of the total estate value. The other 43 states don’t allow that method of payment.
Why do the majority of states not allow probate lawyers to charge a percentage of the estate’s value? Well, usually this is a big win for the lawyers and a big loss for the estate. The lawyers collect more than they would under any form of payment, often taking a large chunk out of the estate’s total value.
The 7 states that do allow probate lawyers to pursue this method of payment each have their own statutory laws on the specific percentages that can be charged. By taking a look at one state as an example, though, we can see how this method of payment could negatively impact the estate.
Let’s take a look at California’s statutory fee schedule to see exactly how much a probate attorney would make:
- 4% of the first $100,000 of the estate’s gross value
- 3% of the next $100,000
- 2% of the next $800,000
- 1% of the next $9 million
- 0.5% of the next $15 million
- A “reasonable fee” for anything else
Yes, that’s right—California’s statutory schedule leaves the final fee open to interpretation if the estate is large enough to exceed the schedule.
But let’s suppose that the estate has a moderate value of $500,000. Under this fee schedule, the estate would owe the probate attorney the following:
- $4,000 on the first $100,000
- $3,000 on the next $100,000
- $6,000 on the remaining $300,000
In total, the estate would owe the probate attorney $13,000 in legal fees. Yikes.
In that case, you’d be better off with a probate attorney who charged hourly or with a retainer.
It’s important to note that probate lawyers are not required to charge a percentage of the estate’s value in those 7 states. In most cases, probate lawyers will allow you to choose a different payment method than the method of them taking a percentage of the estate’s value.
When does the percentage of estate value make sense?
- If you have an excessively large estate and require a probate lawyer’s assistance for many legal issues, this might make financial sense.
When does the percentage of estate value not make sense?
- This payment system will not make sense in most cases. Unless the estate is extremely large and complex, this payment method will not be financially advantageous.
Advantages of the percentage of estate value
- Good for large or complicated estates.
- Good for situations where you require a probate lawyer’s assistance throughout the entire probate process.
Disadvantages of the percentage of estate value
- Extremely expensive.
- You will end up paying more than most other methods of payment.
- Only allowed in 7 specific states.
What are probate lawyer fees by state?
As we mentioned earlier, the estate’s domicile will have a huge impact on the probate lawyer fees that an executor will end up paying. Average costs vary from state to state, so we’ve taken the time to compile a comprehensive list of each state’s (and Washington D.C.’s) probate attorney costs.
The cost of probate attorneys in each state is not easily accessible for the general public, but we’ve aggregated the data from a variety of studies and resources to narrow the general costs.
Let’s dive right into it:
Probate Lawyer Costs in Alabama
Probate lawyers in Alabama cost between $200-$500 dollars per hour on average.
Probate Lawyer Costs in Alaska
Probate lawyers in Alaska cost between $150-$500 dollars per hour on average.
Probate Lawyer Costs in Arizona
Probate lawyers in Arizona cost between $150-$500 dollars per hour on average.
Probate Lawyer Costs in Arkansas
Probate lawyers in Arkansas cost between $150-$400 dollars per hour on average.
Probate Lawyer Costs in California
Probate lawyers in California cost between $400-$900 dollars per hour on average.
Probate Lawyer Costs in Colorado
Probate lawyers in Colorado cost between $300-$700 dollars per hour on average.
Probate Lawyer Costs in Connecticut
Probate lawyers in Connecticut cost between $300-$800 dollars per hour on average.
Probate Lawyer Costs in Delaware
Probate lawyers in Delaware cost between $400-$850 dollars per hour on average.
Probate Lawyer Costs in District of Columbia (D.C.)
Probate lawyers in D.C. cost between $450-$950 dollars per hour on average.
Probate Lawyer Costs in Florida
Probate lawyers in Florida cost between $350-$750 dollars per hour on average.
Probate Lawyer Costs in Georgia
Probate lawyers in Georgia cost between $150-$500 dollars per hour on average.
Probate Lawyer Costs in Hawaii
Probate lawyers in Hawaii cost between $400-$800 dollars per hour on average.
Probate Lawyer Costs in Idaho
Probate lawyers in Idaho cost between $300-$700 dollars per hour on average.
Probate Lawyer Costs in Illinois
Probate lawyers in Illinois cost between $350-$750 dollars per hour on average.
Probate Lawyer Costs in Indiana
Probate lawyers in Indiana cost between $150-$400 dollars per hour on average.
Probate Lawyer Costs in Iowa
Probate lawyers in Iowa cost between $200-$400 dollars per hour on average.
Probate Lawyer Costs in Kansas
Probate lawyers in Kansas cost between $150-$400 dollars per hour on average.
Probate Lawyer Costs in Kentucky
Probate lawyers in Kentucky cost between $200-$600 dollars per hour on average.
Probate Lawyer Costs in Louisiana
Probate lawyers in Louisiana cost between $150-$400 dollars per hour on average.
Probate Lawyer Costs in Maine
Probate lawyers in Maine cost between $200-$400 dollars per hour on average.
Probate Lawyer Costs in Maryland
Probate lawyers in Maryland cost between $400-$800 dollars per hour on average.
Probate Lawyer Costs in Massachusetts
Probate lawyers in Massachusetts cost between $400-$800 dollars per hour on average.
Probate Lawyer Costs in Michigan
Probate lawyers in Michigan cost between $200-$500 dollars per hour on average.
Probate Lawyer Costs in Minnesota
Probate lawyers in Minnesota cost between $200-$500 dollars per hour on average.
Probate Lawyer Costs in Mississippi
Probate lawyers in Mississippi cost between $250-$600 dollars per hour on average.
Probate Lawyer Costs in Missouri
Probate lawyers in Missouri cost between $150-$500 dollars per hour on average.
Probate Lawyer Costs in Montana
Probate lawyers in Montana cost between $200-$600 dollars per hour on average.
Probate Lawyer Costs in Nebraska
Probate lawyers in Nebraska cost between $150-$650 dollars per hour on average.
Probate Lawyer Costs in Nevada
Probate lawyers in Nevada cost between $350-$800 dollars per hour on average.
Probate Lawyer Costs in New Hampshire
Probate lawyers in New Hampshire cost between $450-$850 dollars per hour on average.
Probate Lawyer Costs in New Jersey
Probate lawyers in New Jersey cost between $400-$850 dollars per hour on average.
Probate Lawyer Costs in New Mexico
Probate lawyers in New Mexico cost between $300-$700 dollars per hour on average.
Probate Lawyer Costs in New York
Probate lawyers in New York cost between $400-$900 dollars per hour on average.
Probate Lawyer Costs in North Carolina
Probate lawyers in North Carolina cost between $300-$700 dollars per hour on average.
Probate Lawyer Costs in North Dakota
Probate lawyers in North Dakota cost between $200-$600 dollars per hour on average.
Probate Lawyer Costs in Ohio
Probate lawyers in Ohio cost between $150-$400 dollars per hour on average.
Probate Lawyer Costs in Oklahoma
Probate lawyers in Oklahoma cost between $150-$400 dollars per hour on average.
Probate Lawyer Costs in Oregon
Probate lawyers in Oregon cost between $300-$800 dollars per hour on average.
Probate Lawyer Costs in Pennsylvania
Probate lawyers in Pennsylvania cost between $250-$600 dollars per hour on average.
Probate Lawyer Costs in Rhode Island
Probate lawyers in Rhode Island cost between $300-$600 dollars per hour on average.
Probate Lawyer Costs in South Carolina
Probate lawyers in South Carolina cost between $150-$400 dollars per hour on average.
Probate Lawyer Costs in South Dakota
Probate lawyers in South Dakota cost between $200-$450 dollars per hour on average.
Probate Lawyer Costs in Tennessee
Probate lawyers in Tennessee cost between $100-$400 dollars per hour on average.
Probate Lawyer Costs in Texas
Probate lawyers in Texas cost between $350-$750 dollars per hour on average.
Probate Lawyer Costs in Utah
Probate lawyers in Utah cost between $250-$750 dollars per hour on average.
Probate Lawyer Costs in Vermont
Probate lawyers in Vermont cost between $300-$800 dollars per hour on average.
Probate Lawyer Costs in Virginia
Probate lawyers in Virginia cost between $300-$800 dollars per hour on average.
Probate Lawyer Costs in Washington
Probate lawyers in Washington cost between $300-$800 dollars per hour on average.
Probate Lawyer Costs in West Virginia
Probate lawyers in West Virginia cost between $100-$400 dollars per hour on average.
Probate Lawyer Costs in Wisconsin
Probate lawyers in Wisconsin cost between $200-$500 dollars per hour on average.
Probate Lawyer Costs in Wyoming
Probate lawyers in Wyoming cost between $250-$650 dollars per hour on average.
What influences the cost of a probate lawyer?
There are many factors that might influence the cost, but we can break down the majority of these factors into four broad distinctions:
- The lawyer’s quality
- Type of service
- Complexity of legal matter
- Length of entire process
- Where the estate is domiciled
Let’s break those four factors down:
The probate attorney’s quality
Not all probate lawyers are created equal. In fact, you might be surprised to learn just how different each lawyer can be.
When it comes to probate lawyers, the quality of the lawyer will have a huge impact on the fees you end up paying. Lawyers that have quite a bit of experience, qualifications, and expertise might be able to offer what you’re looking for—but it will come at a high cost.
Does that mean that an expensive lawyer will always be the best one? No, of course not. But don’t expect the cheapest lawyer to be the best, either.
If you’re looking for a good probate lawyer, just remember: you usually pay for what you get. You might be able to save a few bucks by choosing the cheapest lawyer on the street, but don’t expect that your quality of service will be as top-notch as other lawyers in the area.
Type of service
The specific legal issue you’re looking to handle will directly impact the overall cost of hiring a lawyer.
Some legal matters—like drafting legal documents or scheduling a single consultation—may be less expensive. Other legal matters—like hiring a probate lawyer to represent you in court or handling complex estate matters—might end up being far more costly.
Complexity of legal matter
The complexity of the legal issue you’re facing will have a strong impact on your probate lawyer’s costs.
Let’s suppose that you’re looking for legal advice on an estate with five beneficiaries. That shouldn’t be too difficult, right? But what happens when that estate has twenty beneficiaries? In that case, get ready to pay a bit more.
Each variable that you add into an estate issue—like an extra beneficiary, an additional creditor, a missing codicil—will inflate lawyer fees. The simpler your legal matters, the less you’ll end up paying in the long run.
Length of entire process
Probate is rarely a quick process. Okay, let’s rephrase that.
Barring any miracle, probate is never a quick process.
The longer that the probate process takes, and the longer that it takes to settle legal issues, the more you’ll end up paying for a probate attorney.
The good news? There are ways to make sure that the probate process isn’t delayed.
If you are well-organized, have all the necessary paperwork on hand, file the appropriate forms with the probate court in a timely manner, publish the notice to creditors when you’re supposed to, and follow all the other steps of the probate process in your state, then congratulations. You’ve just made probate a whole lot easier.
If you aren’t quite as perfect (and don’t worry, we’ve all been there), you might encounter a few roadblocks along the way. You might have trouble finding the will or might forget to file forms with the probate court, and in that case the probate process will likely take longer.
The longer that you take in probate, the more likely it is that you’ll end up paying higher probate lawyer fees. So do yourself a favor—stay organized as best as you can.
Where the estate is domiciled
Location, location, location. It’s all about location.
When it comes to probate lawyer costs, the state where the estate is located will have a huge impact on the fees that you pay. This isn’t because of any state laws or restrictions, but it’s just a reflection of the cost of living in different areas.
Let’s take two different estates: the first estate is located in Los Angeles, California, and the second estate is located in Summersville, West Virginia.
With all due respect to the town of Summersville, which we hear is a lovely place to live and visit, it’s indisputable that the cost of living is less in Summersville than it is in Los Angeles. The executor handling the estate in Summersville will likely face less in probate lawyer costs than the executor handling the estate in Los Angeles.
How do you find a probate lawyer?
If you’re looking for a good probate lawyer but aren’t sure where to start, there are a handful of avenues to get started:
- Word of mouth
- Newspapers
This is the obvious first step in finding a probate lawyer. A quick internet search for “probate lawyers near me” or “probate lawyers in my city” will yield a variety of options.
If you want to see what other clients say about specific lawyers, you should be able to see Google Reviews or other ratings on similar platforms. This will give you a general sense of the probate lawyer’s skills, costs, and services.
Word of mouth
Even if you have never hired a probate lawyer before, you probably know someone who has. Or, even if that’s not the case, then it is very likely that someone you know has a friend or family member who has hired a probate lawyer in the past.
Talk to members of your community—your family, your friends, your neighbors—to see if they know of any probate lawyers in your area. You might be surprised at some of the great leads you get from the people closest to you.
Newspapers
Although no longer our go-to source for information, newspapers are still a valuable resource in finding and hiring probate lawyers.
Many probate lawyers will place advertisements in newspapers—often near obituaries or notices to creditors—in the hopes of attracting clients. If you’re trying to find a local probate attorney, look for your town or city’s newspaper and see if you can find any advertisements within the pages.
Who pays for the probate lawyer?
As the executor of the estate, you are not liable for the expenses of hiring a probate attorney.
That’s what you were wondering after all, right?
Most executors battle with the question of whether they’ll be reimbursed for expenses accrued during the probate process. The last thing you want is to pay any estate expenses out of your own pocket, so it’s important to know what expenses an executor should be paying from the estate’s funds.
As the executor, you should never have to pay for probate lawyer fees out of your own pocket. Any expenses of hiring a probate attorney are considered to be estate administration costs.
Since the costs are paid from the estate, these executor expenses can can be written off and deducted from the total estate value—potentially saving you thousands of dollars in the long run.
Estate administration costs
The IRS breaks estate administration costs down into a few different categories:
- Fees paid to a trustee.
- Fees paid to probate attorneys and accountants.
- Costs accrued in the management, conservation, and maintenance of the property.
- Costs accrued in the determination, collection, or refund of the estate’s tax liability.
As the second bullet point shows, any expenses paid to a probate attorney is considered an estate administration cost and can be deducted from the total estate value.
So if you are serving as the executor but need to consult with a probate attorney, don’t fret—the costs aren’t yours to pay, as long as you are seeking the attorney’s assistance in administering the estate during the probate process.
But what if you don’t realize this and end up paying some of the probate attorney fees out of your own pocket? Can you be reimbursed for those expenses?
Can an executor be reimbursed?
Yes, an executor can be reimbursed for costs accrued during the probate process.
When would this ever occur? Picture the following scenario:
You’re serving as the executor of the estate and run into complex probate issues. You decide to hire a probate attorney to guide you through the estate settlement process.
Unfortunately, the estate consists of a house and land. The estate lacks liquidity and does not have the funds readily available to pay the probate lawyer.
You need a lawyer’s assistance, so you go ahead and pay the probate lawyer’s fees out of your own pocket. The probate attorney is able to assist you in selling some of the illiquid assets in order to raise additional funds.
You use a portion of those funds to pay yourself back from the probate attorney expenses that you previously paid.
Is that allowed? Yes, the executor can reimburse themselves.
Is it recommended? No, not at all.
Although you are allowed to reimburse yourself, you should only pay for estate administrative expenses out of your own pocket as a last resort. There is too much risk involved, including the possibility that estate beneficiaries say you are “self-serving” and the possibility that you are not able to raise liquidity in the account.
Remember: as a general rule, you should never pay for estate administrative expenses out of your own pocket.
Read more: What Expenses Can an Executor Claim?
When should you hire a probate lawyer?
Your state requires you to have a probate lawyer, you’re navigating the probate process and hitting some roadblocks, or maybe you’re walking through the process but just need an additional guiding hand.
Whatever the case may be, there will likely come a time when you need to decide whether you should hire a probate lawyer.
If you’re grappling with the decision to hire a probate lawyer, ask yourself the following four questions:
- How complicated is the estate?
- Did the estate owner pass away testate or intestate?
- Is a will contest possible?
- Are you able to meet the responsibilities of an executor?
Let’s examine those questions in more depth:
How complicated is the estate?
The first question you must consider is the complexity of the estate. Complexity will vary depending on the following factors:
- The number of beneficiaries
- Total estate value
- Liquid versus illiquid assets
- Amount of creditors and accumulated debt
- Multiple houses in multiple states
- Multiple types of real estate ownership
- Business interests, partnerships, corporate ownership
- Tax liens and accumulated penalties
- Federal and state tax liability
- Estate maintenance and repair
- Specialty assets (collectibles, high-value items, rare objects)
The greater the complexity, and the larger the size of the estate, the higher the likelihood that you’ll need to hire a probate attorney.
If any or all of these factors apply to the estate, consulting with a probate attorney may provide you with much-needed guidance.
Did the estate owner pass away testate or intestate?
Whether an individual passes away testate (with a will) or intestate (without a will) has a huge impact on the entire probate process.
If the estate owner passes away with a will, you are bound to the provisions within the document. The will serves as a helpful guide in distributing the deceased’s assets and settling the estate.
If the estate owner passes away without a will, you are going to find yourself in a difficult situation. The deceased’s assets will be distributed by local intestacy laws, meaning that the courts will likely give the assets to any living blood relatives. If blood relatives are not found, the assets will “escheat” to the state.
If an intestate death occurs, distributions aren’t your only thing to worry about. The will is the document that names you as the executor of the estate. Without it, you aren’t legally the executor.
It is up to the probate court to name the executor of the estate when an individual died intestate. So even if you think that you should be serving as the executor, another individual besides yourself might be named.
If you are dealing with an intestate death, or are struggling to find the will or even read the will, consulting with a probate attorney is likely to be your best bet.
Is a will contest possible?
Another factor that will influence whether you need to hire a probate attorney is the possibility of a will contest.
A will contest is the legal proceeding that occurs in the probate process when interested parties file a claim with the probate court to dispute the validity of the document.
If an individual thinks that they are entitled to receive assets, didn’t receive the correct amount of assets, or just disagree with a section of the will, they can file a claim to begin a will contest.
Will contests are especially common in families where tensions are high and relationships are poor, but that doesn’t mean these legal proceedings only occur in argumentative families.
Few families are immune from the disagreements that can occur when a loved one passes away. Even the most loving and caring family members may choose to start a will contest if they feel that they have been wronged or treated unjustly.
A will contest can be messy, ugly, and even tear families apart. If a will contest is likely to occur, you should speak to a probate attorney right away.
Are you able to meet the responsibilities of an executor?
The role of an executor can be a difficult, tedious, and thankless job. In fact, it’s estimated that the average executor works for approximately 500 hours during the probate process.
An executor agrees to many responsibilities when stepping into the role, including the following:
- Help plan the funeral
- Hire a probate lawyer or accountant
- Create an inventory of assets
- Petition for probate at the local probate court
- Notify all relevant parties, including creditors and beneficiaries
- Plan how the assets will be distributed
- Pay all debts
- File all taxes
- Split what is left over between beneficiaries
- Do final accounting & forms
And that’s only a surface-level view of all that an executor has to do.
If that seems like a lot, don’t worry—that’s why probate lawyers are available. A probate lawyer can assist you through all of those responsibilities, providing advice and guidance along the way.
Remember: a probate lawyer isn’t a last resort
If you don’t get anything else out of this, remember one key point:
Hiring a probate lawyer should never be your last resort.
You shouldn’t wait until the last moment to hire a probate lawyer. If you think you did something wrong or have a dispute on your hands, make sure you consult with a lawyer before you continue.
There is no shame in hiring a probate attorney and seeking outside counsel, and it is often better to be safe than sorry when it comes to the probate process.
