Do I Need a Lawyer for Probate?
Find out if you can handle probate yourself, see estimated cost savings vs. hiring an attorney, and get a step-by-step filing checklist for your state.
Frequently Asked Questions
Yes, in most states you can file probate without a lawyer. The process is most manageable for simple estates with a clear will, few beneficiaries, and no disputes. Many courts offer self-help centers and standardized forms to assist self-filers. A few states require an attorney to open formal probate, though small-estate procedures remain available to self-filers there. Where self-filing is available, the Petition for Probate form prepares the opening petition that requests Letters from the court.
Savings vary widely by state and estate size. In states with statutory attorney fees (like California), self-filing a $500,000 estate could save $10,000-$15,000 in attorney fees. In reasonable-fee states, savings depend on hourly rates and estate complexity. Use our Probate Cost Calculator to estimate total costs and our Executor Fee Calculator to see executor compensation.
Self-filing is not a fit when the will is contested, creditor disputes exist, the estate includes business assets or out-of-state property, special needs beneficiaries are involved, or significant family conflict is present. These situations benefit from professional legal guidance.
Informal probate involves minimal court supervision and is processed by a court clerk without a hearing. Formal probate requires court hearings and judge approval at key steps. Informal probate is much easier to handle without an attorney.
No. Many attorneys offer unbundled or limited-scope services where they help with specific tasks like preparing the petition, handling real estate transfers, or filing tax returns, while you manage the rest yourself.
Self-filed probate typically takes the same amount of time as attorney-filed probate (6-18 months depending on the state and complexity). The process may take slightly longer if you need extra time to learn procedures, but the legal timeline is the same.
Yes. A revocable living trust passes assets directly to beneficiaries without probate — no court filing, no attorney fees, no statutory waiting period. A trust isn't retroactive, so this applies to your own future planning rather than an estate already in probate. A revocable trust built with SimplyTrust takes about 15 minutes.
