ABA Family Legal Guide

Estate Planning

Probate

Is a lawyer necessary for probate?

It depends largely on what state you live in and the size of your estate. Even though probate laws have become simpler in most states, the process can be complex and time consuming. As a result, it may be more expensive for a nonlawyer to negotiate than it is for an experienced estate lawyer.

Some states even prohibit executors from handling probate without a lawyer's assistance. On the other hand, some states have simplified probate procedures so much that it is often possible for a nonlawyer to probate a small estate.

There is good news if you're in one of the categories of people who can profit from probate-avoidance techniques like a living trust or other nonprobate transfers of property, such as joint tenancy or life insurance. Even though in these cases you still need a will to dispose of residual property (most of your assets will be distributed in other ways), the cost and time to probate such a simple will is minimal, even with a lawyer's assistance.