Questions to Ask Probate Lawyer
Questions for a first meeting with a probate lawyer after a death, covering fees, timelines, what the executor has to do, creditors, taxes, and the property. Nothing here is legal advice.
The questions
Open any question for the note
How much of your practice is probate, and how many estates like this one do you handle in a year?
Why ask it
Many general practitioners take probate work occasionally. Someone who files regularly in this court knows the clerk's preferences and the judge's scheduling, which shortens the process.
Who in your office will do the day-to-day work, and at what rate?
Why ask it
Much of probate is paperwork handled by a paralegal, which is normal and cheaper. What you want to know is who answers the phone when you call and what each person's time costs.
How are your fees calculated: hourly, a flat fee, or a percentage set by state law?
Why ask it
Some states set statutory fees as a percentage of the estate, and in some of those a lower hourly arrangement is still permitted. Ask which applies here and whether the alternative is available.
What costs come on top of your fees?
Why ask it
Filing fees, publication notices, appraisals, certified copies, and a bond premium are paid by the estate regardless of the lawyer. Ask for a written estimate so you are not surprised.
Looking at what I have brought, does this estate have to go through probate at all?
Why ask it
Jointly held property, accounts with named beneficiaries, and assets in a trust often pass outside probate. A short answer here can save months, and it is the first thing worth establishing.
Is there a simplified or small-estate process this might qualify for?
Why ask it
Most states have an abbreviated route below a dollar threshold, and it is far cheaper. Ask what the threshold is and what would disqualify this estate from it.
How long does an estate like this usually take in this county?
Why ask it
Local court backlogs matter more than the complexity of the estate. An answer given as a range, with the reasons for each end of it, is more useful than a single figure.
What do I have to do as executor, and what will your office do for me?
Why ask it
Ask for the division in writing. Executors are often surprised by how much of the inventory, the notices, and the record-keeping remains theirs even with a lawyer engaged.
What are the first filings, and what documents do you need from me to make them?
Why ask it
Getting a specific list at the first meeting saves weeks of back and forth. Expect the death certificate, the original will, and account statements as of the date of death.
How are creditors notified, and how long do they have to make a claim?
Why ask it
The claim period is set by statute and it controls when the estate can safely close. Ask what happens if you distribute money before it expires, because the executor can be personally exposed.
What happens to the mortgage, utilities, and insurance on the house in the meantime?
Why ask it
Homeowner policies can lapse when a house is vacant, and the estate stays responsible for the mortgage throughout. Ask who is expected to keep those payments current and from which account.
Can the house be sold or rented before the estate closes, and what approval does that need?
Why ask it
Depending on the will and the state, a sale may need court authority or the consent of beneficiaries. Ask about the timing, since carrying costs continue while permission is sought.
What tax returns does the estate have to file, and do you prepare them or refer that out?
Why ask it
A final personal return and an estate income return are commonly both required. Knowing whether the work sits with the lawyer, an accountant, or you avoids a missed deadline and a penalty.
If a beneficiary is unhappy with the will, what would it take for them to contest it, and what would that cost the estate?
Why ask it
Ask about grounds, the deadline for filing an objection, and who pays the legal fees on each side. A candid answer here often changes how the executor communicates from the start.
Can I make a partial distribution before the estate closes, and what risk do I take on if I do?
Why ask it
Families under financial pressure often ask for money early. Ask what protection exists, such as a written receipt or a holdback, before releasing anything.
What happens with assets in another state or another country?
Why ask it
Real property elsewhere usually requires a separate proceeding in that state, with its own lawyer and timeline. Ask early, since this is a common cause of an estate running much longer than expected.
What do I do if a debt or an asset turns up after distributions have started?
Why ask it
Forgotten accounts and late medical bills are ordinary. Ask what the correction process is and whether the estate can be reopened, so a discovery later is not a crisis.
How should I keep records so my accounting is accepted the first time?
Why ask it
Ask for the format the court expects and whether a sample exists. Reconstructing a year of transactions from memory is one of the more painful parts of the job, and it is avoidable.
How will you keep me updated, and how quickly do calls and emails get returned?
Why ask it
Probate involves long stretches with no visible activity. A stated schedule, even a monthly note, prevents the most common complaint families have about probate lawyers.
What most often delays estates like this one, and what can I start on now?
Why ask it
Usually the answer is a missing document, a beneficiary who cannot be located, or a house that needs clearing. Beginning that work before the first hearing can save a genuine amount of time.
Working with a Probate Lawyer
Practical guidance for the conversation itself
Preparing for the first meeting
Bring the documents you already have
The original will if there is one, several certified copies of the death certificate, deeds, recent account and mortgage statements, life insurance policies, and last year's tax return. An hour spent gathering these makes the first meeting substantive rather than preliminary.
Write down what you know about the assets and the debts
A one-page list of accounts, property, vehicles, and known bills lets the lawyer tell you at once whether full probate is necessary. It is also the beginning of the inventory you will have to file.
Ask how fees are set in your state before you compare lawyers
Where fees are statutory, quotes will be similar and you are choosing on responsiveness and experience. Where they are hourly, ask each office for an estimate of total hours for an estate of this size.
Confirm that the estate pays, not you personally
Legal fees, court costs, and reasonable executor compensation are generally paid from estate assets. Ask how and when that happens, and get it in the engagement letter.
What the executor carries
- Open a dedicated estate account early and run everything through it. Mixing estate money with your own is the most common cause of a contested accounting.
- Keep receipts and a running log of every transaction, including mileage and small out-of-pocket costs. You are accountable to the beneficiaries for all of it.
- Do not distribute anything, including personal items, until the lawyer confirms the creditor period and any tax exposure is handled.
- Tell beneficiaries early what the process is and roughly how long it will take, then send a short update on a fixed schedule. Most disputes begin as silence.
- You are entitled to say no to requests for early distributions. Refer them to the lawyer rather than deciding under pressure at a family gathering.
Where estates go wrong
Letting insurance lapse on an empty house
Standard homeowner policies often restrict coverage once a property is unoccupied for a set number of days. Call the insurer, tell them the situation, and ask what is needed to stay covered.
Paying bills in the wrong order
State law sets a priority among claims, and paying a sympathetic creditor ahead of a higher-priority one can leave the executor personally liable. Ask before paying anything substantial.
Clearing out the house too early
Contents may need to be inventoried or appraised, and items may be specifically left to someone in the will. Photograph rooms before moving anything and check with the lawyer first.