What is a Probate Lawyer & Do I Need One?

A probate lawyer is a type of attorney who handles the legal matters surrounding the estate of a deceased person. The term “probate” refers to the legal process through which a person’s property is distributed after death. If you are named as an executor or administrator in someone’s will, you may need to hire a probate lawyer to help you with the duties of this role.

While the probate process can be complex, it is often handled by the executor or administrator without needing a lawyer. However, there are some circumstances in which it may be helpful to hire an attorney, such as if the estate is large or complex, there is disagreement among the heirs, or if you are not comfortable handling the responsibilities yourself.

Probate lawyers typically charge by the hour, so it is essential to ask about their fees before hiring one. Be sure to estimate how many hours they expect the probate process to take so that you can budget accordingly.

Here below find as explained breakdown of the reasons why you need a probate lawyer:

1-Valuable Experience and Exposure

A probate lawyer has the valuable experience and exposure required to protect your interests as an executor or administrator. The probate process can be complex and time-consuming, and a lawyer can help you navigate it without making mistakes that could cost the estate money.

2-Peace of Mind

Hiring a probate lawyer can also give you peace of mind. Knowing that someone with experience is handling the legal aspects of the estate can allow you to focus on your grief and on supporting the other heirs.


A probate lawyer can provide objective advice when disagreements among the heirs. Emotions often run high after death and making clear-headed decisions when grieving can be complicated. A lawyer can help you evaluate the situation and make decisions in the estate’s best interests.

4-Knowledge of the Law

A probate lawyer has extensive knowledge of state and federal laws surrounding wills, trusts, and estates. This knowledge is essential in ensuring that the probate process is followed correctly and that the estate is distributed according to the deceased person’s wishes.

5-Protection from Liability

As an executor or administrator, you are personally liable for any mistakes you make while handling the estate. Hiring a probate lawyer can help protect you from liability by ensuring that the probate process is followed correctly.

6-Access to Resources

A probate lawyer has access to resources that can help handle the estate. For example, a lawyer can help you locate assets that may be hidden or difficult to find. They also have relationships with financial professionals, such as accountants and investment advisers, who can help you manage the estate’s finances.

7-Reduced Stress

The probate process can be stressful, primarily if you handle it independently. Hiring a probate lawyer can reduce your stress by taking on some of the responsibility for managing the estate.

While the decision of whether or not to hire a probate lawyer is ultimately up to you, there are many good reasons to do so. A probate lawyer can provide valuable experience, peace of mind, objectivity, and protection from liability. If you are handling the estate of a loved one, consider hiring a probate lawyer

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