When Should You Hire a Probate Attorney - and What Does It Cost?

When someone dies, one of the first questions families ask is whether they really need to hire an attorney - or if they can handle probate themselves. The truth is, not every estate needs a lawyer , but it’s always smart to at least start with a conversation.

You should hire a probate attorney any time the process feels confusing, time-consuming, or legally complex. Here are a few common examples:

• You’re not sure what to do first. The probate process in Delaware has specific forms, deadlines, and filing requirements. Mistakes can slow everything down or lead to costly corrections later.
• You don’t have time. Handling an estate means calls, filings, trips downtown, and constant follow-up. An attorney can take that off your plate so you can focus on your family and work.
• The estate is complicated. If there are multiple bank accounts, real estate, or beneficiaries, or if assets need to be divided between several people, having an attorney ensures everything is handled properly.
• There are disputes. If family members disagree or if someone challenges the will, you’ll want someone experienced guiding you through it.

If it’s a small estate - meaning no real estate and less than $30,000 in solely owned assets - you may be able to handle it yourself with help from the Register of Wills. Still, it’s wise to consult an attorney first to confirm that you qualify and to make sure you’re not missing any important details.

Attorney fees vary depending on the size and complexity of the estate, but you can expect to spend a few thousand dollars for full representation. That might sound like a lot, but there’s a hidden tradeoff when trying to save that money. Doing everything yourself usually means losing time - taking days off work, giving up weekends, and dealing with stress that could be avoided.

It’s also important to remember that attorney fees are paid from the estate , not out of your personal funds. The money comes from the decedent’s assets - such as a bank account or the proceeds from a property sale.

Hiring an attorney isn’t always required, but it often makes the process smoother, faster, and far less stressful. A good probate lawyer should tell you honestly when you can handle something on your own and when professional help will actually save you time and money.

If you’re not sure what your situation requires, I can help you figure that out. We’ll go over what needs to be done, what you can handle yourself, and where legal help will make a real difference.