What to Ask an Estate Attorney After a Death in the Family

Losing a loved one is emotionally challenging, and if you’ve been named the executor, the legal and financial responsibilities can feel daunting. Partnering with an estate attorney can help you navigate the process confidently. Whether you're settling debts, transferring property, or handling probate, asking the right questions can save time and prevent costly errors.

Here are ten key questions to consider asking at your first meeting with an estate lawyer.

Is Probate Necessary for This Estate?

Probate is the legal process that confirms a will and gives the executor authority to handle the estate. Some estates, especially those with minimal assets or joint ownership, might avoid full probate. An estate attorney can assess whether probate is required based on your state laws and the type of assets involved.

How Many Certified Death Certificates Will I Need?

Death certificates are essential for closing accounts, claiming benefits, and proving your authority to act on behalf of the estate. Your attorney can recommend how many official copies to request based on the number of institutions requiring one — banks, insurance companies, pension plans, and more.

What Timeline Should I Expect for Settling the Estate?

The time it takes to close an estate varies depending on its size, complexity, and whether there are disputes. Your lawyer can walk you through a typical timeline and point out any potential delays, like contested wills or tax complications, that could impact the process.

Am I Personally on the Hook for Debts or Taxes?

One of the most common concerns for executors is whether they’ll need to cover the deceased person’s debts. In general, estate obligations must be paid from estate funds, not your personal finances. Ask your attorney how to identify and prioritize legitimate debts and the tax filing requirements for the deceased and the estate itself.

How Can I Confirm That the Will Is Valid and Current?

Sometimes, locating the latest version of a will isn’t straightforward. If you don’t already have it in hand, your attorney can help you search common storage places like safes, file cabinets, or even a bank’s safe deposit box. You’ll also want legal guidance on what to do if there’s only a photocopy or multiple versions of the will.

Who Legally Needs to Be Notified About the Death?

Executors are required to notify a variety of individuals and institutions after someone dies. This typically includes:

• Named beneficiaries
• Legal heirs (if there’s no will)
• Financial institutions
• Government agencies like the IRS and Social Security
• Insurance companies
• Creditors

In many cases, public notice must be published to inform potential creditors. Your lawyer can help you create a checklist and meet your legal notice obligations.

What If a Family Member Disagrees With the Will?

Disputes over inheritance can slow everything down. A disgruntled family member may argue that the will was forged, manipulated, or created under pressure. If someone plans to challenge the will, your attorney can help you understand the legal grounds for contesting it and how to respond if a claim is filed.

Common Legal Grounds for Will Contests

• Mental incapacity: The deceased wasn’t of sound mind when they signed the will.
• Undue influence: Someone exerted pressure or manipulation.
• Improper execution: The will wasn’t legally signed or witnessed.
• Fraud or forgery: The will was altered or faked.

If your attorney anticipates a contest, they can help prepare documentation and represent the estate in probate court.

What Happens If There’s No Will?

When someone dies without a will, the estate is handled under your state’s laws of intestacy. That means assets are typically distributed to close relatives in a specific order, often starting with a spouse and children. Your attorney can explain how the process works and what steps to take to be appointed as the estate administrator.

How Do I Manage Real Estate, Accounts, and Belongings?

As executor, you may be responsible for selling property, closing bank accounts, and organizing personal possessions. Your attorney can help you:

• Identify which assets are part of the estate
• Secure valuable property
• Distribute or sell items in accordance with the will or state law
• Work with professionals like appraisers or real estate agents if needed

Some accounts, such as those with named beneficiaries, bypass probate entirely. Your lawyer can help you determine which assets fall into that category.

Should I Hire Other Experts to Help?

Depending on the complexity of the estate, it may make sense to bring in additional professionals. These might include:

• An accountant or tax advisor: For handling final tax filings and estate taxes
• A financial advisor: To manage or liquidate investments
• A real estate agent: If any property needs to be sold
• An appraiser: For valuing jewelry, antiques, or collectibles

Your estate attorney can advise whether the estate will cover these fees and which experts are truly necessary.

An Honor and a Responsibility

Being named executor is both an honor and a significant responsibility. The legal steps that follow a death can be confusing, but you don’t have to figure it all out on your own. An estate attorney can guide you through probate, help you avoid costly mistakes, and ensure everything is handled correctly.

Bringing these 10 questions to your first meeting will give you a strong foundation and help you move forward with clarity and confidence.

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