Disclaimer: This guide is general information, not legal or tax advice. Laws and fee rules vary by state. Consult a licensed attorney in your state.
TL;DR
- Estate attorneys help with probate, trust administration, estate taxes, disputes, and planning.
- You may not need one for a simple estate that qualifies for a state’s small-estate process — but many executors hire one for probate.
- Check the license with your state’s lawyer licensing agency; the ABA’s FindLegalHelp site links to these.
- Ask about experience, local court familiarity, fees, and who does the work.
- In California, probate attorney fees are set by law as a percentage of the estate, though extra fees may be allowed for extraordinary work.
- Browse our estate attorneys directory.
What does an estate attorney do?
Short answer: Advises the executor or trustee and handles court filings, deadlines, creditor issues, and disputes.
Common tasks:
– Opening probate and getting the executor appointed
– Notices to heirs and creditors
– Inventories and appraisals (in California, many assets are valued by a court-appointed probate referee)
– Coordinating with CPAs on final and estate income tax returns
– Trust administration for trustees
– Handling will contests and family disputes
– Real estate sales with a probate realtor
Do you need an estate attorney?
Short answer: Often for probate, disputes, real estate, or taxable estates; sometimes not for small, simple estates.
You’re more likely to need one if:
– There’s real estate or a business
– Heirs disagree or someone may contest the will
– The estate may owe estate tax — the IRS’s Form 706 filing threshold is $13,990,000 for 2025 deaths and $15,000,000 for 2026 deaths
– There are significant debts
– You’re unsure what the will or trust requires
California’s self-help center says probate commonly takes 9 to 18 months, and offers forms and guidance for people handling estates without a lawyer. Small-estate options exist in many states.
Rules vary by state. California is used as an example where state law matters. Check your state court’s official pages, e.g., California, Florida, Texas, Illinois, or the DOJ’s court resources by state.
How do you check an attorney’s license?
Short answer: Use your state’s lawyer licensing agency or bar website.
The American Bar Association’s FindLegalHelp site links to state lawyer licensing agencies, free legal help, and options if you have trouble with a lawyer. Confirm the attorney is licensed and in good standing, and check for public discipline.
What questions should you ask an estate attorney?
Short answer: Experience, local practice, fees, who handles the work, timeline, and communication.
Experience
- How much of your practice is probate and trust administration?
- How often do you file in this county’s court?
- Have you handled estates like this one (real estate, business, out-of-state property, disputes)?
Fees
- How do you charge — statutory percentage, hourly, flat fee, or a mix?
- What tasks fall outside the base fee?
- What costs (filing fees, publication, referee, bonds) will the estate pay?
Process
- Who will do the work — you, an associate, or a paralegal?
- What’s a realistic timeline?
- How will you keep me updated?
- What do you need from me?
How do estate attorney fees work?
Short answer: It varies by state and lawyer. Some states set fees by statute; others allow hourly or flat fees.
California example: The California Courts say attorney and personal representative fees in probate are set by law as a percentage of the estate’s value, and the court may approve more for extraordinary services. The typical court filing fee is $435 (fee waivers may be available).
In other states, ask for a written fee agreement. We didn’t verify national hourly rates. Fees are typically paid from the estate, not the executor’s own pocket — confirm with your attorney.
Probate attorney vs. estate planning attorney?
Short answer: Probate/trust administration lawyers handle estates after death; estate planning lawyers write wills and trusts. Many do both.
If you’re settling an estate, look for administration experience. If you’re also updating your own plan, ask if they do both.
What are red flags?
Short answer: No written fee agreement, poor communication, unlicensed status, or pressure to sign quickly.
- Not licensed in your state, or public discipline you weren’t told about
- Vague about fees or who does the work
- Unreturned calls during the consultation stage
- Guarantees about outcomes
- Suggesting the executor take actions before appointment
Frequently asked questions
Do I need a lawyer for probate?
Not always. Many states offer self-help resources and small-estate procedures, but complex estates often benefit from a lawyer.
How much does a probate lawyer cost?
It varies. In California, fees are set by law as a percentage; elsewhere, hourly or flat fees are common.
Who pays the attorney?
Usually the estate, subject to state law and court approval where required.
How do I check if a lawyer is licensed?
Use your state’s licensing agency; the ABA FindLegalHelp site links to them.
Can the executor be the attorney?
Sometimes, but rules on fees and conflicts vary. Ask a lawyer in your state.
Does an attorney handle taxes?
Some do; many work with a CPA. See How to Choose a CPA for Estate and Trust Taxes.
Do I need an attorney for a trust?
Not always, but trustees often consult one. See How to Choose a Trustee or Professional Fiduciary.
Sources
- American Bar Association — FindLegalHelp: https://www.americanbar.org/groups/legal_services/flh-home/
- IRS — Estate Tax: https://www.irs.gov/businesses/small-businesses-self-employed/estate-tax
- California Courts Self-Help — Guide to property after someone dies: https://selfhelp.courts.ca.gov/probate
- Florida Courts — Probate: https://www.flcourts.gov/Courts-System/florida-courts-help/other-resources/probate
- Texas Judicial Branch — Rules & Forms: https://www.txcourts.gov/forms.aspx
- Office of the Illinois Courts — Self Help: https://www.illinoiscourts.gov/self-help/
- U.S. Department of Justice — Court Resources by State: https://www.justice.gov/jmd/ls/state