Do I Need a Will or Probate Lawyer?

What do will and probate lawyers do?

A will attorney helps you create a will, a document that says how your belongings should be divided after you pass away. A probate attorney helps the person in charge of an estate, usually called the executor, carry out the will after someone passes away. Often, the same attorney handles both wills and probate.

Here are some of the main things they do:

• Write, review, and update wills: A will attorney can help you create a valid will, review one you already have, and update it as your life changes.
• Create other estate planning documents: They can also help you set up things like a living will, a trust, or a power of attorney.
• Guide you through probate: Probate is the legal process of settling a person's estate after they pass away. An attorney can help the executor understand each step and meet the court's requirements.
• Distribute assets: They help distribute the person's belongings according to their will.
• Handle debts and taxes: They help pay the estate's debts and file any required taxes.
• Help settle disagreements: If family members disagree over the will, an attorney can help resolve the dispute or represent you in court.

How do I know if I need a will or probate lawyer?

Creating a will is important at any age, because life can be unpredictable. A will lets you decide who receives your money and belongings, and for many people, a straightforward will is enough. If your estate or family is more complex, an attorney can help you plan for the details.

After you pass away, your executor carries out your will, and they may hire a probate attorney to help.

Here are some examples of when you might need a will or probate attorney:

For wills

• You have complex assets. If you own a business, more than one home, or significant investments, an attorney can help you organize your estate.
• You have a blended family. An attorney can help you divide assets fairly among your spouse, children, and stepchildren.
• You have minor children. An attorney can help you name a guardian and plan how your children's inheritance will be managed.
• You have a beneficiary with special needs. An attorney can help you plan to provide for them.

For probate

• The estate is large or complex. If there are many assets, properties, or businesses involved, an attorney can help simplify the process.
• There's no will. When someone dies without a will, state law decides who receives what. An attorney can help you understand how that works.
• Family members disagree. If there's a dispute over the will or estate, an attorney can help resolve it or represent you.
• There are significant debts or taxes. An attorney can help the executor handle them.

How much does a will or probate lawyer cost?

What you pay depends on where you live and how complex the estate is. Will attorneys often charge a flat fee for creating or updating a will, since the work is fairly predictable.

Probate attorneys, on the other hand, may charge by the hour or a percentage of the estate. Because probate can take time and costs can add up, it's a good idea to talk about fees upfront so you know what to expect.

What should I expect when working with a will or probate attorney?

If you're making a will, your attorney will help you create a clear plan for what happens to your belongings after you're gone. That includes naming a guardian for your children, if needed, and following your state's requirements for a valid will.

If you're handling someone else's estate, a probate attorney will guide you through filing the will with the court, notifying the people involved, paying debts and taxes, and distributing property. If problems come up, like disagreements among family members or legal challenges, your attorney can help resolve them.

Whether you're planning ahead or settling a loved one's estate, an attorney can make the process feel more manageable and give you more confidence that wishes are carried out as intended.