What Is a Probate Attorney? And Do You Need One?

A probate attorney is a lawyer who specializes in the legal process of settling a deceased person's estate. They help executors navigate court requirements, manage paperwork, resolve disputes, and ensure assets are properly distributed to heirs. While not legally required in most states, a probate attorney can prevent costly mistakes and speed up the process.

Here's what probate attorneys do, what they cost, and how to know if you need one.

What Does a Probate Attorney Do?

Probate attorneys handle the legal aspects of estate administration. Their responsibilities typically include:

For Executors and Administrators

• File probate petitions – Prepare and submit paperwork to open probate
• Guide court procedures – Navigate hearings, filings, and deadlines
• Advise on legal duties – Explain the executor's fiduciary responsibilities
• Handle creditor claims – Review, approve, or dispute creditor claims against the estate
• Resolve disputes – Mediate conflicts between beneficiaries or address will contests
• Prepare tax returns – File estate tax returns and final income tax returns
• Oversee asset distribution – Ensure proper transfer to beneficiaries
• Close the estate – File final accounting and obtain court discharge

For Beneficiaries

• Explain your rights – Clarify what you're entitled to receive
• Review estate administration – Ensure the executor is acting properly
• Contest a will – File legal challenges if you believe the will is invalid
• Dispute executor actions – Challenge improper handling of estate assets
• Negotiate settlements – Help resolve disputes with other beneficiaries

Probate Attorney vs. Estate Planning Attorney

These terms are related but different:

Many attorneys handle both, but some specialize in only one area. If someone helped your loved one create their estate plan, they may or may not be the right choice for probate.

How Much Does a Probate Attorney Cost?

Probate attorney fees vary significantly based on the estate's complexity and the fee structure used:

Fee Structures

Hourly Rates

Range: $200-$500+ per hour

Most common for complex estates or contested matters. Total cost depends on how much time the attorney spends.

Pros: Pay only for time actually worked Cons: Difficult to predict total cost; bills can add up quickly

Flat Fees

Range: $2,500-$10,000+ for simple estates

A set price for handling the entire probate process. More common for straightforward, uncontested estates.

Pros: Predictable cost; no surprises Cons: May not cover unexpected complications

Statutory Fees (Percentage of Estate)

Some states (California, Florida, and others) set attorney fees as a percentage of the estate's value:

Example: A $500,000 estate = $4,000 + $3,000 + $6,000 = $13,000 statutory fee

Pros: Fee is predictable based on estate value Cons: Can be expensive for large estates with simple administration

Additional Costs to Expect

Beyond attorney fees, probate involves:

• Court filing fees: $50-$1,200
• Appraisal fees: $200-$1,000+
• Accountant fees: $500-$5,000
• Publication costs: $100-$500
• Surety bonds: $100-$500 annually

When Do You Need a Probate Attorney?

You Probably Need One If:

The estate is large or complex

• Significant assets (over $500,000)
• Multiple types of property
• Business interests
• Out-of-state property

There are disputes

• Will contests
• Disagreements among beneficiaries
• Creditors disputing claims
• Family conflicts

Tax issues are involved

• Estate owes federal estate tax
• State estate or inheritance tax applies
• Complex income tax situations
• IRS issues

You're unfamiliar with the process

• First time serving as executor
• Not comfortable with legal paperwork
• Concerned about making mistakes

The estate has complications

• Debts exceed assets
• Missing heirs
• Claims from ex-spouses
• Potential fraud or mismanagement

You Might Handle It Yourself If:

The estate is small and simple

• Under state's small estate threshold
• Few assets to transfer
• Clear, uncontested will
• All beneficiaries agree

There's no real estate in probate

• All property passed through beneficiary designations
• Joint ownership with right of survivorship
• Assets in a living trust

You have time and ability

• Comfortable with legal forms
• Can attend court hearings
• Able to manage paperwork and deadlines

Your state offers simplified procedures

• Summary administration available
• Informal probate options
• Limited court involvement required

How to Find a Good Probate Attorney

Where to Look

1. Referrals – Ask friends, family, or financial advisors who've been through probate
2. Estate planning attorney – If one created the will, they may handle probate
3. State bar association – Most have lawyer referral services
4. Local bar association – Often more personalized referrals
5. Online directories – Avvo, Martindale-Hubbell, FindLaw

Questions to Ask

Before hiring, ask:

• How long have you practiced probate law?
• What percentage of your practice is probate?
• Have you handled estates similar to this one?
• What is your fee structure?
• Who will actually handle my case? (Partner or associate?)
• How do you communicate with clients?
• What's your estimate for total cost and timeline?
• Are you familiar with the local probate court?

Red Flags to Avoid

• Won't provide a written fee agreement
• Can't estimate total costs
• Pressures you to decide immediately
• Doesn't return calls promptly
• Lacks probate-specific experience
• Has disciplinary actions on record (check state bar)

Can the Executor Be the Attorney?

Yes, if the executor is also a licensed attorney, they can serve in both roles. However:

• They may be entitled to both executor and attorney fees
• Potential conflict of interest if disputes arise
• Some wills specify a separate attorney must be hired
• Court may scrutinize dual compensation

What If You Can't Afford an Attorney?

Options for Limited Budgets

Limited scope representation Hire an attorney for specific tasks only (reviewing documents, attending hearings) while handling routine matters yourself.

Legal aid organizations Some provide free or low-cost help for estates meeting income guidelines.

Court self-help centers Many probate courts offer resources, forms, and basic guidance for people without attorneys.

Document preparation services Non-attorneys who prepare forms (but can't give legal advice). Lower cost but limited help.

Payment from the estate Attorney fees are paid from estate assets—you typically don't need to pay out of pocket. The estate pays first, then beneficiaries receive what remains.

What Executors Can Do Without an Attorney

Even without legal help, executors can often:

• Order death certificates
• Locate and secure assets
• Notify creditors
• Pay ongoing bills from estate funds
• Communicate with beneficiaries
• Organize financial records
• File simple tax returns (or hire an accountant)

Caution: If you're unsure about any legal requirement, get professional advice. Executors can be personally liable for mistakes.

Frequently Asked Questions

Is a probate attorney required?

Not in most states. Executors can handle probate themselves ("pro se"). However, some states require attorney representation for certain procedures or estate sizes. Check your state's rules.

How much do probate attorneys charge?

Fees range from $2,500-$10,000+ for simple estates to much more for complex ones. Hourly rates run $200-$500. Some states set fees as a percentage of the estate value.

Who pays the probate attorney?

The estate pays attorney fees—they're an administrative expense. Beneficiaries don't pay directly, but fees reduce the inheritance.

Can I change probate attorneys?

Yes. You can fire your attorney at any time, but you'll owe fees for work already done. Get a detailed billing statement before changing.

What's the difference between a probate attorney and an estate attorney?

"Estate attorney" often refers to lawyers who do estate planning (wills, trusts) before death. "Probate attorney" handles matters after death. Many attorneys do both.

How long does probate take with an attorney?

An attorney doesn't necessarily shorten probate—the timeline depends on state laws and estate complexity. However, they can prevent delays from procedural mistakes.

Get Help With Your Estate Situation

Whether you're an executor trying to settle an estate or a beneficiary waiting for your inheritance, understanding your options matters.