What Questions To Ask a Probate Attorney

Key Takeaways 

• When you begin working with a probate attorney, it’s important to ask key questions so that you can understand the value of working together and determine if they have the right skills and experience to get the results needed to resolve your issue. 
• Consider the unique circumstances of your family’s estate and your unique family dynamics. 
• Be prepared for your initial meeting with your questions as well as important details about your situation so that you can make the most of the initial consultation.
• Consider whether you need support with litigation or the estate administration process itself and be sure to choose an attorney that can provide the most value for your case.

Introduction

A probate attorney is a valuable resource during the probate and estate administration process. Depending on your needs, they can support you with navigating the administration of the estate, mediating potential disputes, helping you build a case in court to secure your rights to an inheritance, and more.

However, it’s important to hire a probate lawyer in the best position to support you in your unique circumstances. Attorneys can have varying levels of experience across many different niche aspects of probate and estate administration law, so it’s crucial that you ask the right questions during your initial meetings so they can best understand your needs and you can understand their capacity to support you.

This guide outlines valuable questions for a probate attorney so you can ensure you find the right professional to provide you confidence and peace of mind in the administration of your loved one’s estate.

Preparing for Your Meeting with Your Probate Attorney

To make the most of your initial meeting with a probate attorney, it’s important to have as much detailed information about your family’s estate upfront as possible. Every probate case has its own unique intricacies and specific circumstances that can change the process—giving an attorney the most context available will put them in the best possible position to offer guidance.

Bring the following documentation to your meeting:

• Death certificate
• Estate planning documents, such as a will or trust instrument
• Property titles
• Accountings of additional assets such as bank or investment accounts

In addition to these documents, bring a written list of all the questions you have of the attorney. It can be easy to forget your questions and the nuance behind them in the moment, so having these questions clearly laid out will give you the ability to ensure you address all your concerns and gather all the information you need.

Questions To Ask an Attorney

To identify the right attorney, it’s important to ask a variety of questions to understand the value they can offer you in your case. The following questions will allow you to prepare and gather insight into the best person to support you. 

1. What Are Your Rates?

Attorney fees are one of the most important parts of probate costs. It’s important to ask and verify an attorney’s rates so you know how much a probate lawyer costs before you begin the process and have full transparency on what to expect upfront.

In California, rates for an estate administration attorney are set by statute, serving as a percentage of the estate value, ranging from 0.5% to 4%, as outlined in California Probate Codes §10810. However, rates for litigation are subject to negotiation between client and attorney, making this an important question to ask any probate attorney. 

In Texas, for example, rates for administration and litigation are subject to the attorney’s set fees. These fees may be imposed at a flat rate, on an hourly fee, or on a retainer basis.

At RMO Lawyers, we are fully transparent with our rates. For probate litigation, our initial retainer fee is $2,500. Contact us to schedule a consultation and learn more about potential rates for your case.

2. What Will the Estate Administration Process Look Like?

Every estate is unique, so no attorney will be able to forecast exactly what the estate administration process will look like for you. However, with an initial glimpse into your situation, they may be able to provide some insight into what you can expect if they have seen cases similar to yours.

An attorney can tell you if the process will likely be straightforward or if there are any unique aspects of your loved one’s estate that may require more advanced steps. For example, if your loved one’s estate has assets located in multiple jurisdictions or locations, an attorney can offer guidance on what to expect from a secondary probate process in each location.

Regardless, seeking legal support can help you receive tailored probate attorney tips for your case and allow you to prepare yourself for what’s to come in the process.

3. What Role Will You Assume in the Process?

A probate lawyer can serve several roles in the process, depending on the needs of each estate. In general estate administration, a probate attorney can support an executor throughout the process by acting in an advisory capacity to ensure that they comply with all legal requirements, like issuing notices to heirs, beneficiaries, and interested parties, inventorying the estate, and managing assets. Some attorneys may even be able to serve in the executor role to ensure the estate is effectively distributed.

In cases of disputes or litigation, they may act as a third-party mediator or can serve as a fierce advocate for you and your rightful inheritance. This advocacy can include helping you conduct a will contest or raising a breach of fiduciary duty lawsuit against an estate executor.

After understanding the role that the attorney should take, you can gather more information about whether an attorney has the right qualifications and experience for the role you need.

4. What Issues May Affect the Process?

An attorney with experience in both trust administration and litigation will likely be able to listen to the facts of your case and identify if there are any specific issues you should consider. They will review your circumstances and identify factors such as an unclear estate plan, potential holes in that plan, and possible legal requirements for managing certain assets. 

In addition to identifying these circumstances, an attorney may also be able to provide initial guidance on how to address these issues based on their experience with similar cases. If you have specific concerns about your family’s estate administration, be sure to bring them up in your initial consultation.

5. What Do I Do If I Suspect Issues With the Probate Process?

There are many issues that can arise during probate and prevent a smooth administration of the estate—these issues can range from concerns surrounding the validity of the will to acts of wrongdoing from an interested party in the estate.

The most common issues that can arise during the probate process include:

• Undue influence – Undue influence occurs when a bad actor coerces or wrongly influences an individual to change their estate plan.
• Comingling of assets – This occurs when an executor or personal representative of an estate fails to keep their personal assets separate from estate assets, resulting in potential risks.
• Asset theft – Asset theft occurs when an interested party in an estate wrongfully takes assets belonging to the estate for their own personal gain and against the wishes of the decedent.
• Inheritance disputes – An inheritance dispute is common when a beneficiary or legal heir feels that they have a right to a greater share of an inheritance.
• Breach of fiduciary duty – A breach of fiduciary duty takes place when the personal representative of the estate fails to act in the best interests of the estate.

An attorney can offer guidance on what initial steps you can take to safeguard the estate and its assets, as well as provide you with a potential roadmap for steps they can take to address these issues if given the opportunity to take your case. These may include strategies such as mediation, arbitration, or litigation.

6. Is Probate Necessary?

In some cases, probate may not be necessary for every estate. This depends on the size of the estate, the types of probate or non-probate assets in the estate, and the estate planning tools that your loved one created.  

Probate is usually not necessary if: 

• An estate value is below the small estate threshold for simple probate ($184,500 in California; $75,000 in Texas)
• The decedent placed all of their assets into a trust
• Beneficiaries of the decedent’s assets had joint ownership
• The decedent’s assets consisted only of those with payable-on-death beneficiaries
• The decedent’s assets were placed into an entity such as an LLC or Family Limited Partnership

Meanwhile, probate will be necessary if:

• The estate is above the state law threshold mentioned above
• The decedent left behind assets, either with or without a will, not placed into a trust, estate planning tool, or other joint ownership arrangement

Still, these are just a few examples of when probate may or may not be necessary—a probate administration attorney will be able to review your case and offer more tailored guidance on whether probate is necessary for some or all of your assets. This answer will give you guidance on if you need probate and lay out a roadmap for how you can work together to effectively manage your estate.

7. How Long Might Probate Take? 

There is no set timeline for how long probate might take. The process often ranges from taking several months to even years in the most complex estates. 

An attorney will not be able to give you a surefire timeline for how long probate will take for your family’s estate. Still, after learning the facts of your case, they may be able to provide insight into whether your family’s estate may undergo any potential delays or will be a straightforward probate based on what they have seen in previous cases.

That said, previous cases do not completely define future outcomes, so any answer they provide you will only be an educated guess. 

8. How Long Have You Been Practicing?

Because every probate case is different and offers its own unique circumstances to consider, it’s important to find an attorney who has been practicing for an extensive amount of time and has seen as much as possible.

The more experience an attorney has, the more likely they are to have experienced a variety of potential challenges and nuances that can occur—this experience will better prepare them to understand the unique aspects of probate law in your state and handle any unique aspects of your case.

At RMO Lawyers, we have decades of experience between our team. With our extensive experience handling cases across estate administration and probate litigation, we have a wide range of knowledge that we can put into practice to support you in your case. 

9. What Areas of Probate Law Do You Practice?

Probate law is a wide-ranging field, so it’s crucial to understand an attorney’s niche or unique area of experience within it. Your preferences on what attorney to work with may differ depending on the complexity of an estate or whether you are an heir, beneficiary, executor, or creditor. 

You may consider some of the following factors:

• Their experience in probate administration vs. probate litigation
• Whether they serve small vs. large, high-value estates
• Their knowledge of supporting complex, national, or international estates
• If they have experience with ancillary, or secondary, probate

These factors are vital to consider if you anticipate unique concerns in your process, such as assets located in multiple jurisdictions, the risk of will contests, or complex assets to manage.

At RMO, we have experience in wide-ranging aspects of probate law, supporting heirs, beneficiaries, executors, creditors, and other interested parties in estate administration and litigation alike. 

10. How Do You Avoid Probate Disputes?

Unfortunately, probate comes at a difficult emotional time and can be a contentious process. You want an attorney who has experience in both preventing issues and navigating the potential disputes that cannot be prevented.

Common ways to avoid probate disputes include: 

• Reviewing the estate plan for holes
• Receiving guidance from an attorney to comply with estate planning documents 
• Maintaining ongoing communication throughout the process
• Seeking an attorney with experience in mediation and arbitration

Consider the value of an attorney who has served as a mediator in previous estate administration disputes so that they can offer guidance for your case and seek the least disruptive possible resolution to the dispute.

The Value of Choosing the Right Lawyer

Navigating probate and estate administration is a very difficult balance—not only are you dealing with a highly detailed and sometimes confusing legal process, but you are also in the midst of difficult emotional circumstances.

The right lawyer understands this challenge by balancing empathy with advocacy. Having the right attorney by your side can provide you with confidence, comfort, and peace of mind during a difficult time. By providing detailed legal guidance, offering a helping hand as needed, and serving as a fierce advocate for your loved one’s interests, the right lawyer is an essential resource.

The value of an initial consultation cannot be understated. This initial meeting will help you explore what services they have to offer, identify whether they have a plan to support you and get a gauge of whether you can work together on a personal level. 

Connect with The Right Probate Attorney at RMO Lawyers

Asking the right questions of your probate attorney is essential for ensuring you have the right partner throughout the process. Consider asking the above questions so that you can understand what roadmap they foresee for your case and the potential ways they can help.

With decades of experience handling all aspects of estate administration and litigation, our probate and estate administration attorneys at RMO Lawyers offer confidence and peace of mind for your family’s estate. Whether you are in need of an initial consultation or a second opinion, our attorneys will work to understand your unique case and offer a picture of how they can help.

Schedule a consultation with our attorneys at RMO Lawyers to start asking your questions.