Probate is one of a few areas of the law that most people will interact with at some point. When someone dies, someone needs to take care of their final affairs. Probate is an integral part of that process and requires a probate lawyer. When deciding who to hire, it helps to bring a list of the most important questions to ask a probate attorney.
Robbins Estate Law exclusively practices estate law, including guiding clients through the probate process. Our lawyers provide exceptional service at reasonable—and predictable—costs. Contact us to discuss what we can do for you.
Questions to Ask Your Probate Lawyer About the Probate Process
Probate is the legal process of satisfying a deceased person’s debts and distributing their assets. Efficiently completing probate takes time, precision, and an understanding of the law. While your lawyer will shoulder most of the legal burden, the following questions to ask your probate lawyer can help you understand their role and yours.
1. What Does Probate Involve?
You can always ask your lawyer for a summary of the probate process. Broadly, probate involves:
- Opening the estate,
- Appointing a personal representative (executor or administrator),
- Identifying legal heirs,
- Notifying interested parties,
- Responding to creditor claims,
- Distributing assets, and
- Closing the estate.
Each task can involve several subtasks. For example, the court appointing an executor or administrator may require the individual to complete extra documents, take an oath, and pay a bond. Your lawyer can take you through the individual steps of each task.
2. How Long Might Probate Take?
Your lawyer can give a general time estimate based on the information you provide. Consider asking for best-case and worst-case estimates to get a potential range.
3. Does the Estate Qualify for Any Special Processes?
In certain situations, you can simplify the probate process through special procedures, including:
- Small Estate Affidavit—a potential option if there is no will, the estate is valued at $75,000 or less, and estate debts are not greater than estate assets;
- Probating the will as a muniment of title—a potential option if the estate contains no debts; and
- Affidavit of Heirship—a potential option to bypass determining who legal heirs are.
You may also request independent administration, requiring significantly less court oversight than the alternative, dependent administration.
4. What Complications Can Arise?
Your lawyer can explain what conflicts could arise. For example, a case may involve:
- Someone claiming a will is invalid,
- Issues with creditors trying to collect debts, or
- Questions about the value of property.
Once you provide details about your case, your lawyer can explain more specific potential complications.
5. What Costs Are Associated with Probate?
Apart from paying your lawyer, you may pay fees related to:
- Court filing,
- Property appraisal, and
- Accounting.
Your lawyer can provide more specific information or direct you where you can get more information.
Questions to Ask Your Probate Attorney About Their Work
Along with understanding the basics of probate and setting your expectations of the process, try to learn how your attorney works. Some questions to ask your probate attorney about their work include asking about costs, expectations, and communication to get on the same page.
1. What Are Your Fees?
Before hiring a lawyer, you need to know how much it will cost. Lawyers charge fees differently, so ensure you understand what your lawyer will charge and for what. At Robbins Estate Law, we provide clear pricing upfront based on what you need.
2. How Do You Divide Responsibilities?
Speak with your lawyer about who in the firm will handle what. Will multiple lawyers work on the case? What staff members, if any, will provide support for your case?
Speak with your lawyer about what they need you to do, too. What will they manage alone? What do they need from you?
3. How Do You Handle Communication?
Your lawyer may have a preferred communication method, which may vary depending on their needs. Let them know how you prefer to communicate, too. Explain relevant details about your schedule and when you will likely be available.
Sometimes, your lawyer may be waiting for you. So, ask how they will notify you what you need to do and how soon you need to do it.
4. How Often Should I Expect Updates on the Case?
Probate can take time. Your lawyer must keep you informed about developments in your case, but there might be times when nothing is happening. Asking ahead of time can set expectations and minimize anxiety.
Other Possible Questions to Ask a Probate Attorney
You may have other questions to ask your attorney about probate, depending on your situation, like:
- What does the estate include?
- Do you have experience with similar cases?
- What is your philosophy on courtroom litigation?
- What does this probate term mean?
You can also ask your lawyer whether they have any questions for you.
Speak with a Texas Probate Attorney
Naturally, you want a cost-efficient, responsive, and capable probate attorney to help you navigate probate. The lawyers at Robbins Estate Law fit the bill. We exclusively practice estate law, and our attorneys are uniquely passionate about helping people through probate.
Contact us to learn the answers to your questions to ask a probate attorney.
Resources:
- Texas Estates Code § 203.001, Affidavit of Heirship, link.
- Texas Estates Code § 205.001, Small Estate Affidavit, link.
- Texas Estates Code § 257.001, Muniment of Title, link.
- Texas Estates Code § 402.001, Independent Administration, link.
Kyle Robbins
Kyle Robbins is the founder and sole owner of The Law
Offices of Kyle Robbins. He received his J.D. with honors from the University of Texas School of Law and his B.S. in Food Chemistry and Microbiology from Oklahoma State University.
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