Do I Need a Lawyer for Probate?
Whether your state lets a self-represented person open probate, what the court requires, and what probate costs with a lawyer and without one.
In most states a self-represented person can open probate: the executor files the petition the court publishes and the court issues letters. A few states require an attorney of record to open formal probate, and a few publish no statewide fill-in petition. The small-estate procedures stay open to a self-represented person in every state that has one. Where the state publishes a form, the Petition for Probate form prepares the opening petition that requests letters from the court.
The attorney fee is the one cost that differs between the two routes; court fees, publication, the executor's commission and a bond premium are paid either way. In states with statutory attorney fees, self-filing a $500,000 estate in California saves the $13,000 statutory attorney fee (Cal. Prob. Code § 10810). In reasonable-fee states the attorney fee follows the state's hourly rate and the hours an estate of that size takes. The Probate Cost Calculator prices every line of the estate, and the Executor Fee Calculator the executor's commission.
A contested will or a creditor dispute is litigated before the court on its own schedule. Property in another state needs ancillary probate there. A share passing to a minor or a special needs beneficiary is held under the court's rules for it. The tool prices an uncontested estate and states what each of those adds in the state.
Informal probate is a registrar track: the application is processed by a court clerk or registrar without a hearing. Formal probate opens on a petition heard by the court, with the judge's approval at the steps the state sets. The states with an informal track are the Uniform Probate Code states and a few others; the tool says which track the state offers.
Self-filed probate runs on the same court timeline as attorney-filed probate: 6-18 months for an average estate, depending on the state. The creditor claim period is the floor, and the court's calendar sets the pace, not the filer.
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Forms for Settling an Estate
Free forms for settling an estate: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Petition for Probate and Letters
Open probate and ask the court to appoint you and issue Letters Testamentary or Letters of Administration.
Notice to Creditors
Notify estate creditors and start the claim period — the published notice plus mailed copies for known creditors.
Renunciation of Executor
Decline an appointment as executor named in a will — the writing filed with the court before anyone is appointed.
Affidavit of Heirship
Prepare the sworn statement of a deceased person's family history and heirs for recording in the county land records, with your state's recording instructions.
Small Estate Affidavit
Collect a small estate's property without probate — the sworn affidavit presented to banks and other holders, with a presentation letter for each.
Estate Inventory
Prepare the probate inventory of estate property — every asset at its date-of-death value, composed to your state's statute, with the state's filing or delivery instructions.
Tools for Settling an Estate
Free tools for settling an estate: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Much Can an Executor Charge?
Calculate how much an executor can charge for administering an estate.
How Do I Get Appointed as Executor?
See the court, petition, bond, and documents needed to be appointed and receive your Letters.
What Are the Creditor Claim Deadlines?
Find creditor claim deadlines, notice requirements, and payment priority order for your state.
What Happens When an Estate Is Insolvent?
See the order your state pays an insolvent estate's debts and which claims go unpaid.
How Do I Open an Estate Account When Someone Dies?
Compare estate-account opening requirements bank by bank: channels, required documents, and steps.
What Is the Estate's Personal Property Worth for Probate?
Estimate the fair market value of household items for probate and see how it affects fees.
