My current location: Los Angeles, CA | Change location
Featured Legal Services
Matthew W. Goldsby Estate Planning, Probate, & Trust legal representation & counseling
(626) 792-3419

Choosing an Executor FAQ


The Executor's Guide , by attorney Mary Randolph (Nolo), which guides executors through the process of winding up a loved one's estate, step by step.)

If, however, the estate has many types of property, significant tax liability, or potential disputes among inheritors, an executor may want some help.

There are two ways for an executor to get help from a lawyer:

  • Hire a lawyer to act as a "coach," answering legal questions as they come up. The lawyer might also do some research, look over documents before the executor files them, or prepare an estate tax return.
  • Turn the probate over to the lawyer. If the executor just doesn't want to deal with the probate process, a lawyer can do everything. The lawyer will be paid out of the estate. In most states, lawyers charge by the hour ($150-$200 is common) or charge a lump sum. But in a few places, including Arkansas, California, Delaware, Hawaii, Iowa, Missouri, Montana, and Wyoming, state law authorizes the lawyer to take a certain percentage of the gross value of the deceased person's estate unless the executor makes a written agreement calling for less. An executor can probably find a competent lawyer who will agree to a lower fee.

Can an executor get help from someone besides a lawyer?

Yes. Here are some other sources of information and assistance.

  • The court. Probate court clerks commonly answer basic questions about court procedure, but they staunchly avoid saying anything that could possibly be construed as "legal advice." Some courts, however, have lawyers on staff who look over probate documents, point out errors in the papers, and explain how to fix them.
  • Other professionals. For certain tasks, an executor may be better off hiring an accountant or appraiser than a lawyer. For example, a CPA may be a big help on estate tax matters.
  • Paralegals. Many lawyers delegate probate paperwork to paralegals. Now, in some areas of the country, experienced paralegals have set up shop to help people directly with probate paperwork. These paralegals don't offer legal advice; they just prepare documents as the executor instructs them, and file them with the court. To find a probate paralegal, an executor can look online or in the Yellow Pages under "Legal Document Preparation" or "Attorney Services." The executor should hire someone only if that person has substantial experience in this field and provides good references.
  • Books. The Executor's Guide, by attorney Mary Randolph guides executors through the process of winding up a loved one's estate, step by step.
Copyright 2006 Nolo

Sponsored Services
Top Estate & Probate Lawyers in Your Area.
A better way to find your attorney. LegalConnection.
More Sponsored Services
USLegalForms.com - Largest Selection of Legal Forms on The Internet:
Download more than 50,000 state-specific legal forms. Real estate documents, power of attorney forms, wills, employment contracts, divorce and separation agreements and much more.
Wills, Divorce, Incorporation & More - Legalzoom:
Fast and friendly legal document service from LegalZoom, the #1 online legal document service