I hope this guide makes things a little clearer. If you need help with the house, I’m happy to talk it through with you. Feel free to reach out.
Jolene Baijot | Real Estate Agent, CPRES, ABR · Updated September 2026
Quick Answer:
Start with referrals from people who’ve been through probate, your state bar’s lawyer referral service, and professionals like CPAs and real estate agents who work with estates. Look for an attorney who handles probate regularly in the county where the person lived. Ask how they charge, how long they expect the estate to take, and how they communicate. Probate attorneys usually charge by the hour, a flat fee, or in some states a fee set by law.
A probate attorney can help you understand the legal steps, handle court filings and keep track of deadlines.
When an estate includes a house, I work alongside the attorney on the property sale. Here are a few things to consider when choosing one.
Do You Need a Probate Attorney?
Many states let an executor handle probate without one, but most families choose to hire an attorney. It’s especially helpful when there’s real estate, more than one heir, debts, a business, or property in another state.
The attorney handles the legal side. Your real estate agent handles the property. Together, they keep everything on track.
Where to Find a Good Probate Attorney
Personal referrals. Friends and family who’ve been executors can tell you who was responsive and clear.
Professionals who work with estates. CPAs, financial advisors, title companies and probate real estate agents know which attorneys families are happy with.
Your state bar association. Most state bars run a lawyer referral service and let you confirm a lawyer’s license.
Local focus. Look for an attorney who practices in the county where the person lived. They know that court’s procedures and timelines.
Questions to Ask a Probate Attorney
How much of your practice is probate and estate work?
How do you charge, and what’s included?
How long do you expect this estate to take?
Who will I hear from, and how often?
Will the estate need court approval to sell the house?
What do you need from me to get started?
Look for clear answers and a communication style you feel comfortable with.
How Much Does a Probate Attorney Cost?
Fees vary by state and by how complex the estate is. The most common setups are:
Hourly. Many probate attorneys bill by the hour, with the total depending on how much work the estate needs.
Flat fee. Some offer a set price for a straightforward probate.
Statutory fee. A few states, including California, set attorney fees as a percentage of the estate by law.
In most cases, attorney fees are paid from the estate, not out of the executor’s pocket. Ask for a written fee agreement up front.
How Your Attorney and Agent Work Together
When the house is part of the estate, your attorney and real estate agent should talk early. The attorney confirms who has authority to sell and whether the court needs to approve it. I handle the market value, preparation, pricing, marketing and the sale itself, and I keep the attorney updated through closing.
See selling a house in probate for how the two fit together.
Frequently Asked Questions
Can I handle probate without an attorney?
In many states, yes, especially for simple estates. Most executors still find an attorney well worth it when real estate is involved.
Who pays the probate attorney?
Usually the estate pays, from estate funds or the proceeds of a sale.
Should the attorney be local?
It helps. An attorney who practices in the county where the person lived knows that court’s process.
Can my real estate agent recommend an attorney?
Yes. Agents who work with estates often know attorneys families have been happy with. I’m glad to share names.
If you would like to keep reading, I also cover what an executor can do with the house, selling a house with power of attorney and whether you can sell a house before probate.
About the Author
Jolene Baijot is a real estate agent and Designated Broker with more than 25 years of experience and over 1,000 transactions. She holds the Certified Probate Real Estate Specialist (CPRES) and Accredited Buyer’s Representative (ABR) designations and works alongside estate attorneys on the sale of inherited homes. Learn more about how Jolene helps with probate and trust sales.
Looking for a Probate Attorney?
Finding someone to guide you can make the next steps feel a little clearer. I’m happy to share attorney referrals and help with the house along the way. Let me know what you need.
This post is general real estate information, not legal advice. A licensed attorney in your state can advise you on probate.
