Probate attorneys guide the process of settling an estate after someone dies: proving the will, appointing an executor or administrator, inventorying assets, paying debts and taxes, resolving claims, and distributing what remains to the heirs. They also litigate the disputes that estates produce — will contests, allegations of undue influence, and executors accused of mismanaging assets.
How long it takes depends on the state and the estate. Small estates often qualify for a simplified procedure that takes weeks. A contested estate with property in several states can take years.
Before you hire
- Ask how the fee is set. Some states allow fees based on a percentage of the estate; elsewhere probate work is hourly or flat-fee. The difference on a mid-sized estate is substantial.
- Not everything goes through probate. Jointly held property, life insurance, retirement accounts with named beneficiaries and trust assets usually pass outside it.
- If you are the executor, you have personal duties and personal exposure. Get advice before distributing anything.
See estate planning to avoid probate in the first place, and elder law for guardianship and incapacity matters.