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Probate & Estate Administration

Settling a loved one’s estate, will contests, heirship and executor duties. What a probate lawyer does, timelines and costs, and how to find one near you.

Probate is the court process that proves a will (or determines heirs when there is none), appoints an executor or administrator, pays debts and transfers property. Executors have fiduciary duties and personal liability for mistakes. A probate lawyer guides the executor, resolves creditor and heir disputes, and handles contested wills and trust litigation.

What a probate lawyer does

  • Opens the estate, obtains letters testamentary and notifies creditors
  • Inventories assets, handles taxes and distributes to heirs
  • Uses small-estate, muniment-of-title or affidavit shortcuts where available
  • Litigates will contests, undue influence, breach of fiduciary duty and heirship

When you need a probate lawyer

  • A family member died owning real estate or accounts without beneficiaries
  • You were named executor and are unsure of your duties
  • You suspect a will was forged, changed under pressure or hidden
  • Heirs disagree about the house or a family business

Questions to ask before you hire a probate lawyer

  1. Does this estate need full probate, or is there a shortcut?
  2. How long and how much will it cost, and can fees be paid from the estate?
  3. What are my personal risks as executor?
  4. What is the deadline to contest the will?

Find a probate lawyer near you

Choose your state to see listed firms and the official bar directory for verifying any lawyer’s license.