topic | first days after death

Step 7: determine if an estate attorney is needed

Guiding an estate through probate takes patience, honesty, and attention to detail. An estate attorney, also known as a probate lawyer, will assure that the probate and settlement process is completed correctly within the time limits of the law. The relationship between those impacted and the complexity of the deceased’s state probate procedures can cause further stress on an already delicate situation. If you feel overwhelmed with the tasks at hand, it may be wise to consult with an attorney. 

Activity 1
Assess the Need for an Attorney

Many variables influence the need for an estate attorney. Consider the following factors as you assess whether the assistance of an attorney is necessary. Remember, an attorney can be brought in at any time.

The assistance of an attorney may be necessary if:

  • Paying state or federal estate taxes is anticipated. 
  • There are creditor problems, or court hearings are anticipated.
  • Beneficiaries of assets are not clearly identified in written documents such as a Will or insurance policy. 
  • Property is not jointly owned with a survivor.
  • The probate court in the county and state you will be filing does not provide fill-in-the-blank-forms and detailed instructions on how to procede. 
  • You do not feel comfortable researching and getting material yourself.
  • The estate is large enough to require the filing of an estate tax return. (See Topic: Organize Finances and Pay Taxes) 
  • There are unusual kinds of property that may be hard to value, sell, or distribute. 
  • Beneficiaries or heirs are antagonistic and do not get along.
  • The deceased was in the middle of legal proceedings such as a lawsuit or divorce.
  • The estate has more debts than assets.
  • Court hearings are anticipated, and the time and effort to handle them appears significant. 
  • An individual or business owes the deceased significant money, property, or other assets. 
  • Your own Will needs revision as a result of an inheritance you receive. 
  • Real estate is owned in more than one state. 
  • An original copy of the Will is not available.

If any of the above circumstances are anticipated, consider consulting an attorney. 

Best Practices

The assistance of an estate attorney is very useful in most situations. It is not a legal requirement to engage an estate attorney. However, the work they do is involved and invaluable. Note: Attorney fees are paid for by the estate.



(if this Step is complete) 		Continue
to Step 8

Return to Step 6

n/a

This site is published for residents of the United States only. Registered representatives and investment advisor representatives may only conduct business with residents of the states and jurisdictions in which they are properly registered.

The information in this site does not constitute legal or tax advice. It is provided solely for general informational purposes and may not be applicable to specific fact patterns. You should consult with an experienced legal or tax professional licensed in your state before acting on any of the information described on this site.

To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. Federal tax advice contained in this site was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

Providers listed on this site that have not been specifically identified as having passed the 15-point background check are provided for your information only. The PROvision Network does not endorse, nor accept any responsibility for the quality of their services. The PROvision Network does not independently verify their information, nor do we guarantee its accuracy.

No fees have been paid to The PROvision Network for inclusion in our general provider listings. These listings are provided for your convenience. Other than specifically stated, The PROvision Network may receive paid compensation for paid adverting from companies listed on this site.

The accuracy of information put into the EstateDigitalLockbox isn't guaranteed by The PROvision Network. It's only as accurate as your input.

We strive to keep information up-to-date, but The PROvision Network doesn't purport this site to have up-to-the minute accuracy at all times.

Links on this site are provided for your information only. Since they are provided by third parties, The PROvision Network does not endorse, nor accept any responsibility for the content or damage or loss resulting from your use of these sites. The PROvision Network does not independently verify this information, nor do we guarantee its accuracy or completeness.