Does the estate pay for the attorney, or do I personally?

Attorney fees for probate work are an estate expense — they come out of estate assets before distribution to heirs, not from your personal funds. Get this in writing in the engagement letter.

Can I handle probate myself without an attorney?

In simple cases (no real estate, no disputes, small estate) — sometimes yes. Even then, a one-hour paid consultation is usually worth it to confirm you're not missing anything that could create personal liability later.

How long does probate typically take?

Anywhere from 4 months (uncontested, small estate) to 2+ years (contested, complex). Most fall in the 6–12 month range. The estate sale typically happens in months 3–6.

What's the difference between a will and a trust?

A will takes effect after death and goes through probate court. A trust takes effect during life and bypasses probate. Many estates use both — the will covers anything not titled to the trust.

Can the executor start the estate sale before letters testamentary are issued?

Generally no — perishables and obvious trash can be removed, but selling assets before authority is granted can expose the executor to personal liability. Wait for letters.

Estate Planning Attorneys

The legal side of an estate, handled by someone who's done it a thousand times.

Wills, probate, trusts, asset distribution — the parts that carry legal weight. Find a vetted estate planning attorney serving your area in seconds.

Find an attorney near you See the probate timeline

The probate timeline

From first call to estate closed

Most probate runs 6–12 months. Here's what an attorney actually does at each stage — and where the estate sale fits in.

Days 1–7

Death + will located

Death certificate ordered. Original will retrieved from safe deposit box, attorney, or home.

Weeks 1–3

Petition filed

Attorney files petition with the probate court to open the estate and validate the will.

Weeks 3–8

Authority granted

Court issues Letters Testamentary giving the executor legal power to act.

Months 2–4

Inventory + appraisal

Estate assets are inventoried, appraised, and reported to the court. Estate sale can begin here.

Estate sale starts

Months 6–12

Distribution + close

Debts and taxes paid, remaining assets distributed to heirs, estate formally closed.

Do you actually need an attorney?

Not every estate needs probate, and not every probate needs an attorney. Use this as a first filter — then confirm with a free 15-minute consultation.

Family signing estate documents at a kitchen table

Hire one

There is real estate involved

A house, condo, or land in the deceased's name almost always requires probate to transfer.

Hire one

Heirs disagree

Any conflict between beneficiaries needs a neutral legal authority. Don't try to mediate alone.

Hire one

There's a business or significant assets

Investment accounts, vehicles, or anything over your state's small-estate threshold.

Probably skip

Everything was in a living trust

Trust assets bypass probate. A trust administration attorney may help, but probate isn't required.

Probably skip

Beneficiaries are named on every account

Life insurance, IRAs, and POD bank accounts pass directly. Probate may not apply.

Probably skip

Estate value is below state threshold

Many states allow small-estate affidavits for estates under $50K–$150K with no real property.

How estate attorneys actually charge

Three fee structures cover almost every engagement. Knowing the difference protects you from sticker shock.

Fee structure

Hourly

$150–$500/hr

Best for

Complex or contested estates

Most common for probate. Ask for a retainer estimate up front.

Fee structure

Flat fee

$500–$2,500

Best for

Simple wills, trusts, basic probate

Predictable. Make sure you know what's included and what's extra.

Fee structure

% of estate

2–4% of value

Best for

Larger estates in states that allow it

Statutory in CA, FL, NY. Often the highest cost — ask about hourly alternative.

Always get a written engagement letter before any work begins. It should specify the fee structure, what's included, what counts as an extra, and whether the fee is paid from the estate or by you personally. If an attorney won't put it in writing, find another one.

Estate planning attorney's hands reviewing a will

Bring this to your first meeting

A well-prepared first meeting cuts your total attorney bill by hours. Gather what you can; the attorney can help track down the rest.

Original will (and any codicils or amendments)
Death certificate (request 8–10 certified copies)
List of bank accounts, brokerage accounts, retirement accounts
Real estate deeds and recent property tax bills
Vehicle titles and registration
Life insurance policies and beneficiary designations
Recent statements for any debts (mortgage, credit cards, loans)
List of known heirs with current contact info

Attorney + estate sale company: how they sync

In probate, both professionals work in parallel. Knowing the handoff points keeps the estate moving.

Attorney first

Letters Testamentary establish legal authority. Don't sell anything before this is in hand.

Estate sale company plans

Walk-throughs, contract, photo prep, and pricing happen in weeks 4–8. Sale dates are set.

Sale runs

Typically a 2-3 day weekend event. Items priced, sold, and an itemized accounting produced.

Report goes to court

Your attorney files the inventory + accounting. Estate sale company gives you the paperwork.

Also need an estate sale company?

Most probate situations require liquidating personal property. Find a vetted local estate sale company that understands court documentation requirements.

Find an estate sale company →

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Common questions

Legal clarity is the foundation everything else is built on.

An estate planning attorney brings order to the most complex part of a transition. Find one in your area and start with a free consultation.

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