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Questions to Ask a Probate Attorney

Bring this list to your consultation and check off each question as it's answered. Jot the answers in the margins of a printed copy.

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Experience

How much of your practice is probate and trust administration?
How often do you handle cases at the Orange County Superior Court probate department?
Have you handled estates like this one (real estate, a business, out-of-state property, family disputes)?

Does this estate need full probate, or could a simpler procedure work?California has shortcuts for smaller estates and property passing to a spouse.
Which assets pass outside probate (trust, joint ownership, beneficiary designations)?
What should I avoid doing right now?

Will you charge the California statutory fee, hourly or a flat fee?California sets default attorney fees for ordinary probate as a percentage of the estate's value.
What counts as 'extraordinary' work, and how is it billed?
What court costs, filing fees and appraisal costs should I expect?
When are fees paid — upfront or from the estate at the end?

Tip: Ask every attorney you interview the same questions so you can compare answers side by side.

This information is general and educational, not legal advice. This website is independently owned and is not a law firm.