Probate Attorney

Worry-free probate starts here.

Take care of their legacy with this affordable, full-service probate plan from the most trusted name in online estate settlement.

Take the pressure off with support from a licensed attorney and a dedicated expert.

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Hands-on help — from start to finish

Get legal guidance from a licensed probate attorney and unlimited help throughout the process from your own probate expert.

Legal advice for peace of mind

Get personalized legal advice and put your case on the right path with the help of a probate attorney licensed in your state. Your attorney will make sure all of your paperwork is done right and — in most cases — they can appear in court on your behalf.

Help from people who understand

If you’re here, the idea of a drawn-out probate process is likely on your mind. We understand what you are going through and are here to help you through every phase of the process.

How it Works

Professionals handle probate for you.

Navigating probate can be overwhelming and time-consuming. This full-service plan puts the responsibility of probate in the hands of professionals who’ll take care of these four steps on your behalf.

  • 1

    Open probate with an attorney

    To begin probate, you must prove you’re the right person to settle the estate. Tell us about your situation and your dedicated attorney will petition the court on your behalf, addressing all court questions.

  • 2

    Inventory the estate — we’ll make a plan

    Uncover all assets and debts owned by this estate and your dedicated team will support you to create a plan for distribution and submit to the court on your behalf.

  • 3

    Distribute with attorney support

    Once your plan is approved, distribute the estate. Your team will assist you in executing the plan, keeping you abreast of deadlines along the way.

  • 4

    Your attorney closes the estate

    Finally, you’ll present your final accounting to the court and file your petition to close the estate.

Need help figuring out probate?

Schedule a free, 30-minute consultation with a probate expert. They can help you figure out:

  • Whether or not you need probate

  • Which probate service best fits your needs

  • How much the probate services your considering cost

Book your consultation

Attorney Probate

$5,000

Payment plans available

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Let qualified experts handle probate on your behalf. With this full-service probate plan, a licensed probate attorney works with you directly to build your case, gives you legal advice for your specific circumstances, presents on your behalf in court— and more.

What you'll get

  • Easy to follow instructions

  • Fully completed probate forms

  • Phone consultation with a probate expert

  • Unlimited email, chat, and phone support

  • Dedicated case manager

  • Dedicated probate Attorney

  • Line-by-line review of probate documents

  • Coordinated electronic signatures with family members

  • Public notice prepared and guided publishing

  • Guided quit claim deed

  • Conference calls with your family

  • E-filing court documents, if available

  • Attorney representation in court

  • Specific legal advice for your case

Prices exclude state/county specific fees

  • Announcement for your local paper: $25-300

  • Court filing fee: $300-500

30-day satisfaction guarantee
We stand behind our products and services. If you’re not completely satisfied with your purchase, please contact us within thirty days to request a refund. Learn more

Probate support from the most trusted name in online estate planning and settlement.

We’re proud to be a category leader in estate planning and settlement on Trustpilot. Don’t take our word for it, check out what our members have to say.

“I felt empowered by their knowledge and organization of all the forms I needed. The explanation of what had to be done was so easy to follow. I couldn’t believe that it was over within a matter of weeks– everything was taken care of.”

Verda Wells
Probate member, 2018

"After doing some research online, we reached out and got an immediate response. Here I am, I don’t have any legal experience, but I was able to do it with the help of Trust & Will in not much time. Our experience with them was professional, easy to work with, and sympathetic to the needs that we had and what we were going through emotionally."

Michelle Riccordella
Probate member, 2018

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Commonly asked questions

Why would I need a probate attorney?
While completing the probate process on your own is entirely possible, there are times when you’ll want to lean on legal professionals to assist you. A probate attorney is a licensed lawyer who specializes in assisting executors or beneficiaries as they navigate the probate process and work to settle an estate.

Working with a probate attorney may become the right decision depending on a number of factors. For instance, how complicated are your state laws? What is the size of the estate, and what types of assets does it include? How complicated are these assets and beneficiary designations? Is there any contention amongst beneficiaries and heirs? Does the estate owe many debts and taxes? These are all considerations that could lead you to decide to work with an attorney. Read our guide on probate attorneys to learn more about how they could support you.
What to bring to first meeting with probate attorney?
When you first meet with your probate attorney, bring as many documents relevant to the probate process as you can to get the most out of your meeting. The more information you can provide to your attorney, the better they can help you navigate the process. For instance, bring along copies of the decedent’s certified death certificate, their Will and other estate planning documents (originals if possible), and social security number. Then, spend time gathering as many important documents showing evidence of the decedent’s assets and property. This could include bank statements, credit card statements, property deeds, titles, insurance policies, tax returns, and pay stubs. Get a head start by starting an inventory of these assets and properties and estimating the values of each. Last but not least, create a contact list of all potential heirs you can think of.
Who pays probate attorney fees?
Probate attorney fees are paid by the estate. If you intuitively feel as though hiring a probate attorney would be best for the sake of the estate and its beneficiaries, don’t let cost be the deterring factor. An executor’s duty is to protect the bottom line of the estate. In cases where estates are complicated or face controversy, hiring a probate attorney can be well-worth the cost. If you are an individual who is creating their estate plan and you know that your estate could leave behind multiple complex issues to resolve, consider including a provision or arrangement that the executor should use Trust & Will’s Probate Attorney plan.
How much does a probate lawyer cost?
Probate attorney fees vary. Some attorneys charge by the hour, while others charge a flat fee or a percentage of the gross estate value. Trust & Will’s Attorney Probate plan is an affordable flat rate of $5,000, no matter the size of your estate. Payment plans are also available to fit your budget as needed.
What happens if I don't apply for probate?
If you don’t file for probate, estate assets cannot be distributed to beneficiaries. Assets and property remaining in the decedent’s name will remain in their name indefinitely. This means that they cannot be transferred to the estate and cannot be used to pay off debts, file taxes, or distribute inheritance to beneficiaries. The estate itself will likely continue accruing expenses while property and assets decrease in value without proper management and care.

From a legal perspective, you have a fiduciary duty to do what’s best for the estate and its beneficiaries. Failure to file a Will can be considered an offense, especially if you are a knowing custodian of that Will. Eventually, the courts can remove you from your role as personal representative of the estate, or worse, prosecute you with criminal charges.

If you are in possession of a deceased person’s Will, then the best course of action is to file a petition for probate. If you are aware that the decedent has nominated an executor other than yourself, then it is your duty to forward the Will to this individual.