Verified July 2026
Whether you need a lawyer for probate
In most states you are not required to hire a lawyer to probate an estate. You may represent the estate yourself.
Whether you should depends less on the law and more on the estate itself.
Small, uncontested estates with clear assets are often settled without a lawyer, using the court's own self-help forms.
A lawyer tends to earn their fee when the estate is large, when someone contests the will, or when it holds a business or property in more than one state.
Legal Information Institute, Cornell Law Schoolopens in a new tabWhen doing it yourself is reasonable
If the estate is modest, the will is clear or the intestacy path is obvious, the heirs agree, and the assets are straightforward, many people complete probate themselves. Most court systems publish self-help guides and the required forms for exactly this.
Representing an estate without a lawyer is commonly allowed and is sometimes described as appearing in pro per or pro se.
When a lawyer is worth it
Consider a lawyer when the estate is large enough to owe federal estate tax, when a beneficiary or creditor is likely to dispute something, when the estate includes a business, or when property sits in more than one state and so may face probate in each.
The cost of getting one of these wrong usually dwarfs the cost of an hour of advice, and many lawyers will consult on a single question without taking over the whole matter.
Go deeper
Law and the Estate
Probate taught in full, so you can judge your own case with clear eyes.
Last updated July 2026
This is general information, not legal, tax, financial, or medical advice. Rules vary by state and change over time. Please confirm anything that affects your situation with a qualified professional.