Quick Answer: In most cases involving sudden death — yes, you need an estate attorney. Even if the deceased had a will, most states require probate for assets over a certain threshold. Without a will, it’s not optional — it’s essential. The cost of not getting an attorney is almost always higher than the cost of getting one. This guide explains what they do, when you need one, and what it costs.
In the blur of the first days after a sudden death, legal processes are the last thing most families want to think about. But the estate clock starts running whether you’re ready or not. Creditors have claim deadlines. Assets get frozen. Accounts need to be transferred. Property needs to be managed.
Here’s what you need to know.
What Is Probate and Do You Need It?
Probate is the legal process through which a deceased person’s estate is administered — debts paid, assets distributed, and ownership legally transferred. A court oversees the process.
Whether you need probate depends on:
- The value of the estate
- How assets are titled
- Whether there is a will
- Your state’s laws (every state is different)
Assets that typically go through probate:
- Real estate owned solely by the deceased
- Bank accounts in the deceased’s name only
- Investment accounts without a designated beneficiary
- Personal property (cars, jewelry, etc.) above a certain value
Assets that typically avoid probate:
- Jointly owned property with right of survivorship
- Accounts with designated beneficiaries (life insurance, retirement accounts, POD bank accounts)
- Assets held in a living trust
Even if the deceased had a will, probate is still usually required to validate it and transfer assets. A will does not automatically transfer property — it only directs how probate distributes it.
When You Definitely Need an Estate Attorney
There was no will (intestate death) Without a will, state intestacy laws determine who inherits what. The process is more complicated, more expensive if not managed properly, and more likely to create family conflict. An attorney is not optional.
The estate includes real estate Property cannot simply be retitled without legal process. An attorney handles the deed transfers and any mortgage considerations.
There are significant debts Creditors have legal claims against the estate before heirs receive anything. An attorney ensures debts are properly prioritized and that heirs aren’t personally liable for the deceased’s debts (a common and costly misunderstanding).
There are minor children If the deceased had minor children and named guardians or left assets to them, an attorney ensures those provisions are executed properly and that any children’s trusts are managed correctly.
Family members disagree If heirs are not aligned on distribution, asset management, or property decisions, an attorney is essential — both to manage the legal process and to provide an objective authority.
The death was sudden and unexpected Sudden deaths often mean no preparation, no organized documents, no clear plan. An attorney helps reconstruct what exists, identify all assets and debts, and navigate the process methodically.
Business interests are involved If the deceased had ownership in a business, LLC, or professional practice, the succession issues are complex and require specialized legal guidance.
What an Estate Attorney Actually Does
- Files for probate in the appropriate court
- Obtains the legal authority to act on behalf of the estate (Letters Testamentary or Letters of Administration)
- Locates and inventories all estate assets
- Notifies creditors and manages claims against the estate
- Prepares and files required tax returns (estate tax, final income tax)
- Manages the legal transfer of real estate
- Distributes remaining assets to heirs according to the will or state law
- Handles any disputes between heirs
What they don’t do: Make emotional decisions for you. The legal process is their domain; the family dynamics are yours.
What It Costs
Estate attorney fees vary significantly by state, complexity, and the attorney’s structure.
Common fee structures:
- Hourly rate: $150–$400/hour, most common for complex estates
- Flat fee: $1,500–$5,000+ for straightforward probate; more for complex situations
- Percentage of estate: Some states allow or mandate a percentage fee (often 2–4% of estate value); some attorneys use this structure regardless
- Free initial consultation: Most estate attorneys offer this — use it before you decide
What affects cost:
- Size and complexity of the estate
- Whether there’s a will or not
- How well-organized the deceased’s records are
- Whether heirs cooperate or dispute
- State-specific requirements and court fees
The cost of NOT hiring an attorney: Families who navigate probate without an attorney frequently make procedurally incorrect filings (which courts reject), miss creditor deadlines (which can create personal liability), improperly transfer assets (which can trigger tax consequences), or miss assets entirely. The mistakes are almost always more expensive than the attorney would have been.
How to Find the Right One
What to look for:
- Specialization in estate and probate law (not a general practice attorney who also does estates)
- Licensed in the state where the deceased resided (or where property is located)
- Experience with sudden death situations specifically (different from planned estate administration)
- Clear fee communication upfront
- Someone you can actually talk to — this is an emotional process and communication matters
Questions to ask in the initial consultation:
- Have you handled cases like mine before?
- What do you expect the process to look like and how long will it take?
- What are your fees and what exactly is included?
- What will you need from me and when?
- Are there ways to reduce costs or simplify the process?
Red flags: Attorneys who won’t give you a fee estimate upfront, who seem unfamiliar with your state’s specific probate process, or who pressure you to sign an engagement agreement at the first meeting.
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The Timeline: What to Expect
Probate timelines vary significantly by state and complexity, but here’s a rough framework:
Immediately (first week):
- Locate the will and any estate planning documents
- Secure and inventory any physical assets
- Notify immediate family
First month:
- Consult an estate attorney
- File for probate if required
- Notify creditors (there’s usually a deadline once probate opens)
- Freeze or manage financial accounts
Months 1–6:
- Inventory and value all assets
- Pay valid creditor claims from estate funds
- File final income tax return for the deceased
- Resolve any estate tax obligations
Months 6–12+ (depending on complexity):
- Final accounting to the court
- Distribution to heirs
- Close the estate
A realistic expectation: Simple estates with a clear will and cooperative heirs can close in 6–9 months. Complex estates, disputes, or intestate situations can take 2–3 years.
A Note About Online “DIY” Probate Services
DIY probate is possible in some states for very small, simple estates — and legal document services like LegalZoom can help with straightforward situations. If the estate is under your state’s “small estate” threshold (varies from $10,000 to $180,000 depending on state) and there’s no real estate, no business interests, and no disputes, DIY may be a reasonable option.
For anything more complex — and sudden deaths frequently involve complexity — a licensed estate attorney is worth the cost.
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This guide is for informational purposes only and does not constitute legal advice. Estate law varies significantly by state. Always consult a licensed attorney for guidance specific to your situation.