If you’re facing probate for the first time, one of the biggest decisions you’ll make is whether to hire an attorney—and if so, which one.
I’m Ryan Smith, a licensed real estate agent and certified probate expert here in New Hanover County, NC, and I work with families going through this process every day. Today, I’m going to share what to look for when choosing a probate attorney, what questions to ask, and how to find someone who’s the right fit for your situation.
My goal is that by the end of this guide, you’ll feel confident about selecting an attorney who can actually help you get through this.
Important Reminder: I’m not an attorney and this isn’t legal advice. This is practical guidance based on my experience working with families and attorneys through probate situations here in southeastern North Carolina. And yes, if you’d like recommendations for excellent probate attorneys in this area, just reach out and I’ll be happy to connect you.
Do You Actually Need an Attorney for Probate?
Let’s start with the most basic question: do you actually need an attorney for probate?
Legally? No. North Carolina law doesn’t require you to hire an attorney to handle probate. You can represent yourself and handle the paperwork on your own.
But here’s what I tell people: Just because you can do it yourself doesn’t mean you should.
Probate involves:
- Legal deadlines
- Court filings
- Creditor notifications
- Tax considerations
- Potential liability if things aren’t handled correctly
For most people, especially if there’s real estate involved or if the estate has any complexity at all, hiring an attorney is worth every penny.
Why an Attorney Is Worth It
An attorney:
- Protects you from making costly mistakes
- Ensures everything is done legally and correctly
- Gives you peace of mind during what is likely an already stressful time
- Often saves you money in the long run by avoiding problems
5 Key Qualities to Look for in a Probate Attorney
So what should you look for in a probate attorney? Let me give you five key qualities.
Quality #1: They Specialize in Probate and Estate Law
I recommend narrowing your search to attorneys who focus on probate administration or estate planning. And if they primarily do estate planning, just double-check that they handle probate cases regularly and know the process inside and out.
Why this matters: Probate law has specific rules, forms, and procedures. An attorney who does this work all the time will be more efficient, will know how to avoid problems, and will likely get your case resolved faster.
You don’t want a general practice attorney who handles one or two probate cases a year. You want someone who does this regularly.
Quality #2: They Know Your Local Court System
You want an attorney who’s familiar with your county. Probate is handled at the county level, and each county’s Clerk of Court has their own preferences and local procedures.
An attorney who regularly practices in New Hanover County, for example, knows:
- What the Clerk’s office expects
- The staff and how they operate
- How to navigate the system efficiently
- Local filing requirements and preferences
If you hire an attorney from out of town who doesn’t know the local procedures, there could be a learning curve that costs you time and money.
Quality #3: They Communicate Clearly and Make You Feel Comfortable
Probate can feel overwhelming, especially if you’ve never done it before—which most people haven’t.
You need an attorney who:
- Explains things in a way you can understand
- Returns your calls and emails promptly
- Makes you feel like you’re a priority
- Listens to your concerns
Pay attention to how you feel during that first consultation. Do they listen to you? Do they answer your questions patiently? Do you feel like you can trust them?
Those gut feelings matter.
Quality #4: They Have a Good Reputation in the Community
Ask around. Talk to friends or family members who’ve been through probate. Check online reviews.
Ask other professionals too:
- Financial advisors
- Accountants
- Real estate agents (like me) who work with attorneys regularly
A good reputation is earned over years of doing quality work and treating clients well. If multiple people recommend the same attorney, that tells you something.
Quality #5: Their Fees Are Transparent and Reasonable
You should know upfront how they charge. Is it a flat fee or an hourly rate? Or maybe a combination? And what does that fee actually cover?
There should be no surprises. A good attorney will give you a clear explanation of their fees and a reasonable estimate of what your case will cost.
Keep in mind, those numbers can change if your case suddenly becomes more complicated and time-consuming. But you should at least know what to expect going in.
5 Essential Questions to Ask When Interviewing Probate Attorneys
Now that you know what qualities to look for, let’s talk about what questions you should ask when you’re interviewing potential attorneys.
Here are the 5 questions that I think are most helpful in learning if a particular attorney is a good fit for you.
Question #1: “How much of your practice is focused on probate and estate administration?”
There’s no hard rule here, but ideally you want someone whose practice is at least 50% or more probate and estate law.
This ensures they’re deeply experienced in this specific area and stay current on probate law and procedures.
Question #2: “How many probate cases have you handled in this specific county?”
You want someone with local experience who knows the local Clerk’s office.
An attorney who’s handled dozens of cases in New Hanover County will navigate your case much more efficiently than someone who’s only done a few cases there or practices primarily in another county.
Question #3: “What is your fee structure and what do you estimate my case will cost?”
Make sure you understand:
- Is it a flat fee or hourly rate?
- What’s included in that fee?
- What might cause the cost to increase?
- When are payments due?
- What happens if the case becomes more complicated than expected?
Get this in writing so everyone’s on the same page from the start.
Question #4: “Who will actually be working on my case?”
In some firms, a senior attorney meets with you but then a paralegal or junior attorney does most of the work.
That’s not necessarily a bad thing, but you should know who you’ll be working with and communicating with day to day. Will you have direct access to the attorney, or will you primarily work with their staff?
Question #5: “How do you communicate with clients and how quickly can I expect responses?”
This helps set expectations for both you and your attorney.
Some attorneys prefer email, some prefer phone calls. Some respond within 24 hours, some take longer.
You just want to know what to expect before you get started. This prevents frustration and miscommunication down the road.
Don’t Choose Based on Price Alone
Here’s my advice: don’t choose an attorney based solely on price.
The cheapest option isn’t always the best value. And the most expensive attorney isn’t always the best choice either.
Choose an Attorney Based On:
- Their experience with probate
- Their knowledge of the local system
- Their communication style
- How comfortable you feel working with them
A good probate attorney will:
- Save you time
- Protect you from mistakes
- Reduce your stress
- Often save you money in the long run by handling things efficiently and correctly the first time
Think of it as an investment in doing things right, not just an expense.
Red Flags to Watch Out For
While we’re on the topic, here are some warning signs that an attorney might not be the right fit:
❌ They don’t return your calls or emails promptly during the consultation phase
If they’re unresponsive before you’ve hired them, it won’t get better after.
❌ They can’t clearly explain their fees or give you an estimate
Transparency is crucial. Vague answers about costs are a red flag.
❌ They have little to no experience with probate in your county
Local knowledge matters in probate. You don’t want someone learning on your dime.
❌ They make it sound too easy or promise unrealistic timelines
Probate takes time. Be wary of anyone who promises to rush through it.
❌ You don’t feel heard or understood
Trust your instincts. If something feels off, keep looking.
What Happens After You Choose an Attorney?
Once you’ve selected an attorney, here’s what typically happens:
1. Initial Consultation: You’ll discuss your situation in detail, provide information about the estate, and ask any remaining questions.
2. Engagement Agreement: You’ll sign a contract that outlines the attorney’s fees, scope of work, and terms of representation.
3. Document Gathering: Your attorney will help you gather all necessary documents—the will, death certificates, asset information, etc.
4. Filing Process: Your attorney will prepare and file all necessary paperwork with the Clerk’s office.
5. Ongoing Communication: Throughout the probate process, your attorney will keep you updated on progress, deadlines, and any actions you need to take.
This is where I often work alongside probate attorneys to help families with inherited real estate—preparing properties for sale, advising on market value, and handling the specific requirements for selling estate property.
Need Help Finding the Right Probate Attorney?
If you’re dealing with probate right now and you need help finding the right attorney, reach out to me.
I work with several excellent probate attorneys here in the New Hanover County area and I’m happy to make introductions. These are attorneys I trust, who I’ve seen do great work for families, and who have the qualities I described above.
And if the estate includes real estate, I can work alongside your attorney to help you:
- Understand your options for the property
- Get the property ready for sale if that’s the plan
- Price it correctly for the market
- Navigate the specific requirements for selling estate property
- Maximize the value for the estate
What to Do Right Now
If you’re facing probate and need to choose an attorney, here are your next steps:
1. Make a list of potential attorneys based on recommendations from friends, family, or professionals like me.
2. Schedule consultations with 2-3 attorneys. Most offer free or low-cost initial consultations.
3. Ask the 5 questions I outlined above during each consultation.
4. Trust your instincts about who you feel most comfortable working with.
5. Make your decision and get started. The sooner you begin, the sooner you’ll get through the process.
More Probate Resources
Make sure to check out my other guides on probate:
- What is probate and do you need it?
- How to file for probate in New Hanover County
- How much does probate cost?
- 5 reasons you need probate
- 5 reasons you don’t need probate
I cover every aspect of the probate process to help families like yours navigate this challenging time with clarity and confidence.
Ready to Get Started?
Need a probate attorney recommendation? I work with some of the best probate attorneys in southeastern North Carolina. Just reach out and I’ll connect you.
Have questions about inherited real estate? Let’s talk about your options and what makes sense for your situation.
Feeling overwhelmed by the probate process? You don’t have to figure this out alone. I’m here to help guide you through it.Thanks for reading, and I’ll see you in the next post.