Probate Lawyer FAQ – National Probate Partners

This FAQ answers the most common questions people ask when searching for probate help, a probate lawyer, or a probate attorney after the loss of a loved one.

What is probate?

Probate is the legal process used to settle a person’s estate after death. It typically involves validating a will, identifying assets, paying debts and taxes, and distributing property to heirs or beneficiaries. Probate laws vary by state, which is why many families seek probate help from a probate lawyer or probate attorney.

What does a probate lawyer do?

A probate lawyer helps guide executors, administrators, heirs, and beneficiaries through the probate process. This may include:

Filing probate paperwork with the court
Explaining state-specific probate laws
Assisting with asset distribution
Resolving disputes among heirs
Representing clients in probate court when needed

National Probate Partners connects families with probate lawyers who focus on managing probate efficiently and avoiding unnecessary delays.

When do I need a probate attorney?

You may need a probate attorney if:

A loved one passed away with a will that must be probated
There is no will and the estate must go through intestate probate
Heirs or beneficiaries disagree about the estate
The estate includes real estate or significant assets
The executor needs legal guidance to avoid mistakes

If you’re unsure, speaking with a probate lawyer for a case review can help clarify whether probate is required.

Do all estates have to go through probate?

No. Some estates qualify for simplified or small-estate procedures, depending on state law. Others may avoid probate through trusts, joint ownership, or beneficiary designations. A probate attorney can review the situation and explain whether probate is necessary.

How long does probate take?

Probate timelines vary by state and complexity. Some cases resolve in a few months, while others take a year or longer. Delays are more common when there are disputes among heirs, missing documents, or complex assets. Probate help early in the process often reduces delays.

How much does a probate lawyer cost?

The cost of a probate lawyer depends on several factors, including:

State probate laws
Estate size and complexity
Whether disputes or litigation are involved
The lawyer’s fee structure

Some probate attorneys charge a flat fee, while others bill hourly or use a percentage-based fee approved by the court. National Probate Partners offers free case reviews so families can understand potential costs before moving forward.

Is the probate lawyer paid from the estate?

In many cases, probate lawyer fees are paid from the estate rather than out of pocket by heirs. This depends on state law and court approval. A probate attorney can explain how fees are handled in your situation.

What happens if heirs disagree during probate?

Disputes among heirs are common and can slow probate significantly. Issues may involve the validity of a will, asset distribution, or executor decisions. Probate lawyers can help mediate disputes and, when necessary, represent clients in probate court to resolve conflicts.

Can probate be contested?

Yes. Probate can be contested if someone believes the will is invalid, was created under undue influence, or does not comply with state law. Contesting probate requires strict deadlines, making early probate help especially important.

What if there is no will?

When someone dies without a will, the estate is distributed according to state intestacy laws. A probate attorney can explain who may inherit and help the court appoint an administrator to manage the estate.

Do I need a probate lawyer if I’m the executor?

Many executors choose to work with a probate lawyer to avoid errors, delays, and personal liability. A probate attorney can guide executors through filing requirements, deadlines, and proper asset distribution.

How do I find a probate lawyer near me?

National Probate Partners works with probate lawyers across multiple states. If you’re searching for a probate lawyer near me or probate attorney near me, National Probate Partners can help connect you with legal guidance based on your location and situation.

What should I bring to a probate lawyer consultation?

Helpful documents may include:

The will (if available)
Death certificate
List of known assets and debts
Information about heirs or beneficiaries

Even if you don’t have everything, a probate lawyer can still provide initial probate help and explain next steps.

Is there a free probate lawyer consultation?

Yes. National Probate Partners offers a free case review to help families understand their probate options, timelines, and potential costs. There is no obligation.

How do I get probate help now?

If you have questions about probate, estate administration, or disputes among heirs, speaking with a probate lawyer early can make the process smoother.

Call National Probate Partners today to request a free probate case review and get clear answers about your situation.

The Ultimate Probate Lawyer FAQ | 2025 Edition National Probate Partners