I am an insurance agent, not a lawyer. I have earned no law degree. But as an insurance agent specializing in probate court bonds, I have worked with thousands of attorneys and families. And I have learned a few things about what I’d want for my own probate attorney.
When to hire a probate attorney
Unless it’s a very small estate, with just one or two heirs who all agree, using just any lawyer or no lawyer are both bad choices when it comes to probate. General rule of thumb is if the estate is big enough to require a bond, it has funds to pay for an attorney.
Which attorney is the hard part. If the wrong choice is made, it could end up costing you or the estate time and money. Just because any licensed attorney is allowed to handle a probate case doesn’t mean they should. If there’s ever a place you want a specialist, it’s probate.
What to look for when hiring a probate attorney
If you are looking for an attorney to help with estate planning, it is important to pick the right one. It is not advisable to use a generalist as they may not have the expertise required for this type of legal work. Instead, you should look for a probate attorney who specializes in estate planning. A specialist probate attorney can provide more comprehensive advice and help you make informed decisions about your estate planning needs. They will also be able to explain the complexities of estate law and guide you through the process.
When I need a probate attorney to handle a guardianship or estate, here’s what I would look for:
- State Bar Board Certified in Estate Planning, Trust and Probate section(s)
- Accredited Estate Planner (AEP) by the National Association of Estate Planners & Councils (NAEPC)
- Certified Estate Planner (CEP) by the National Institute of Certified Estate Planners (NICEP)
- Chartered Trust and Estate Planner (CTEP) from the Global Academy of Finance and Management
- Advertises probate and estate planning online, in bar referral networks, on website, business cards
What to avoid when hiring a probate attorney
When you are looking to hire a probate attorney, it is important to be aware of the potential pitfalls. It is important to take into account the experience of the attorney and their ability to handle your particular case. An experienced probate attorney will have a better understanding of how probate law works and can provide you with more reliable advice. Additionally, they should be able to provide you with an understanding of all the fees associated with the process and help you navigate through any legal issues that may arise. By avoiding these common mistakes, you can ensure that your case is handled in a timely manner and that your interests are protected.
- General practice attorney who will accept any work they can get paid for
- Advertises in other areas of law with no mention of probate or estate planning
- Won’t speak with you or respond to inquiries prior to paying money or retaining services
- Doesn’t participate in any of the organizations above or other probate or estate planning group
Preferential treatment is always nice, especially when it comes to money
Once you hire the attorney and get estate filed, many will need a bond. Courts and attorneys routinely tell clients ‘just go get a bond, it’s easy’. This mostly comes from attorneys not as familiar with probate as they should be when handling estates to begin with. It’s not always that easy to get a probate bond.
Higher bond amounts have higher qualification requirements. Some insurance carriers give preference to attorneys who specialize in probate. Whether or not the attorney is a probate specialist can be the difference between being approved or not, especially for large bonds. Preferred markets will always offer the lowest cost bonds.
How to find a qualified probate attorney
First, check with friends and associates. I’ve found there is nothing better than a personal referral from someone who has actually used the services of who they’re recommending. For probate, it’s easy for a friend to pass on the name of an attorney. But ask them if they’ve personally used the attorney for the same type of matter you have.
Next place to look would be your local bar association, and the organizations listed above. They all have directories with a list of accredited or certified members.
Last on the list might be ask your insurance agent or probate bond company if they have lists of attorneys. While we don’t recommend attorneys, we can sometimes share names of attorneys who might work in your area.
Once I identify a few possibilities, I like to chat with them, before I pay. Doctors and lawyers often make that difficult. But if I can’t chat with them for five or ten minutes by phone, or get a thoughtful, timely reply to messages, then we’re probably not a good fit for each other. If they don’t have the respect and courtesy up front, don’t expect it later.
How to get an estate bond or trustee bond
Our agency issues more probate court bonds in a week than most agents in a year. We offer online applications, quick response time and the best pricing available. Apply Online for a Probate Court Bond or Download PDF Probate Court Bond Application.
