How to Find a Probate Lawyer

Find an attorney you can trust.

Probate is the legal process that transfers property as instructed in a will. Probate attorneys work with wills and estates. Probate law falls into two general areas. Transactional probate attorneys deal with basic administrative aspects. Probate litigators represent clients when a will is contested or if other litigation is related to the estate. Some, but not all, probate lawyers do both. Make sure the attorney you select provides the type of service your situation requires. Probate laws vary by state, so it is important to find an attorney who is familiar with local laws.

Instructions

1. Talk with friends and family to see if they can recommend lawyers with expertise in this area. Think of people you know who have personal experience dealing with wills and probate, and ask for names of recommended attorneys.

2. Check the American Bar Association website. It has an attorney locator service that allows you to search for attorneys by state. The directory lists names, locations, contact information and areas of practice, but it does not provide recommendations.

3. Contact your state or local bar association for referrals to lawyers with expertise in probate law. This can be done online or over the phone. Depending on the size of your city, a local bar association may be able to make recommendations.

4. Interview a couple of attorneys before deciding which one to retain. Ask about areas of specialty within probate, and how long they have been practicing probate law. For example, if extensive real estate holdings are involved, the probate attorney should be familiar with real estate law. You can also ask for references.

5. Check the attorneys' standings with your state bar association before making a final selection. You want an attorney who is in good standing. The state bar association keeps a list of attorneys who have been subject to disciplinary actions or have been disbarred.

Tips & Warnings

• Many attorneys offer a free initial consultation. This practice enables you to interview them without cost prior to making your final selection.

• Not all attorneys are equally good or trustworthy. You are paying for services up front, so investigate thoroughly before hiring.

References

• American Bar Association: Estate Planning FAQs: The Probate Process
• USA Probate: Find the Right Probate Attorney