Questions to Ask a Probate Attorney

Dealing with the death of a loved one can be an overwhelming experience, especially if you are responsible for handling his or her estate. You may have questions about what is involved, whether the estate will go through probate and a multitude of other issues.

What is Probate?

Most estates in Pennsylvania must go through probate, the legal process that determines the value of the estate, transfers assets to beneficiaries, and ensures that the decedent’s debts and taxes are paid.

Educating yourself about how the probate process works can help to ease burden of conflict within your family and the financial issues you may be facing after a loved one has passed away. Experienced probate attorneys can help you sort out the details of the estate and make the probate process easier and less stressful for you and your family.


Questions to Ask a Probate Lawyer


Before hiring a probate attorney, it is vital to ask these important questions:


1. Is probate an area of practice for you?


Many estate planning and wills and trusts lawyers are experienced in handling probate cases. When seeking an attorney, it’s advisable to ask the following questions to get a feel for how experienced he or she is.


2. Are you familiar with the court to which my case will be assigned?


Hiring an attorney who has experience in the court where your probate case will be heard can speed up the process and make it run more smoothly. Our attorneys in Chester and Delaware County, PA have years of experience in local probate court, can help you avoid delays and ensure all paperwork is correctly completed and filed.


3. What is your strategy for my case? Are there any potential issues such as tax implications that could arise in my case?


A skilled probate attorney will assess your situation and share a strategy that helps you achieve the best possible outcome for your case.


4. How long do you think it will take to complete?


Probate can take anywhere from nine months to two years. Although there are no guarantees on how long probate proceedings will take, your lawyer should be able give you an estimate based on the facts of your case.


5. Will you handle my case personally?


It is common for lawyers to pass some work on to associates, paralegals and other law firm staff. It’s very important to feel comfortable about who you will be working with—ask if you can meet others who may be working on your case. It’s also a good idea to find out their availability and response time if you need to discuss important developments or get a status update.


5. What is your fee structure?


Ask the attorney about how they charge and approximately how much you should expect to pay for services. Attorneys may charge a flat fee or hourly rate. It’s also important to find out if there are fees for phone calls and other legal professionals who may spend time speaking with you and working on your case. If the attorney charges a flat fee, ask how you will be charged if the matter turns out to be more complicated than anticipated. Getting an estimate of court costs can also be helpful.


If you are dealing with the death of a loved one and need help with the probate process, Carosella & Associates’ experienced attorneys in Chester, Delaware and Montgomery County, PA will help you through the process and make it as hassle-free as possible.