What Should You Ask Your Probate Attorney?

Getting in contact with a probate attorney isn’t something that anyone enjoys doing. A probate lawyer is responsible for handling the estate administration process of someone who has passed away. The probate attorney will be able to assist in carrying out the individual who has passed away’s estate plan or intestate laws to prevent their assets from being pillaged, squandered, heisted, or frozen.

Oftentimes, the person who has to contact the probate attorney is a loved one of the deceased. This means that the person is often vulnerable, as they have just lost a loved one. That’s why Filippi Law Firm, P.C., has compiled this guide on probate estate questions to help you navigate this process.

Knowing what probate estate question to ask your probate attorney will help you find the right lawyer to handle your loved one’s estate. During this time, you must have a knowledgeable, experienced, and compassionate lawyer.

Filippi Law Firm, P.C., is here to give trusted legal advice to your family during this difficult time. Our firm is experienced in estate planning and probate services. As a top-rated probate attorney in Rocklin, CA, our firm can offer your family peace of mind, financial security, and control. Before you contact us to discuss your options, here are some important questions to ask a probate attorney.

Questions To Ask Probate Lawyer

When searching for the right Rocklin, CA, probate attorney, asking the right questions will ensure that you have the right lawyer for the job. It’ll also help you clear up any misunderstandings surrounding the probate process.

When looking for a probate attorney in Rocklin, CA, be sure to ask any of these questions that apply to your situation:

1. What area of practice do you specialize in?

It’s important that you find a lawyer who specializes in probate law and has a history of proven results. Hiring a lawyer who focuses on probate handling and estate planning will make this stressful process much easier for you and your family.

2. What do you do as a probate attorney?

The ideal situation would be to find an attorney who does both estate planning and probate. This will ensure that your lawyer has the knowledge and skills to handle any of the numerous tasks that may come up during this process. This will help streamline the entire process for you and your family.

3. Have you ever executed a will?

Make sure that your attorney has experience executing a will before hiring them.

4. What do you charge for your services?

When hiring a Rocklin, CA, probate attorney, the fees you’ll pay are already set in place by California state law. The attorney fees are a percentage of the entire probate estate’s gross value. This doesn’t deduct debts, mortgages, or other liabilities the estate may owe.

Additionally, the fee paid to the attorney is based on a sliding scale. This means that as the estate value increases, the percentage paid to the attorney decreases with each increasing value. Discuss this with your attorney for a better understanding of what you may pay for your case.

Also, be sure to ask your probate attorney about any additional expenses that may be involved with your case. Asking these questions ahead of time will help you better prepare.

5. My loved one passed away without a will. Do I still need a probate case?

Probate will still happen if your loved one passes away without a will. If your deceased loved one has a will, the executor must adhere to it. If there’s no will, intestacy laws will apply. Either way, a probate attorney will be able to streamline the process.

6. What can I expect during the probate process?

If you don’t have a legal background, your attorney must be transparent and communicative with you throughout probate. Asking your lawyer what to expect during the process will not only help you better understand the process, but it’ll also show you that the lawyer is knowledgeable about the process and is equipped to handle your case.

7. What are the executor’s duties?

Perhaps you were named the executor by the deceased. Or maybe you were appointed executor in the case of intestacy. Either way, your probate lawyer should be able to help you understand what to expect in this role. They should also be able to help you manage assets, pay taxes and debts and distribute funds.

8. How will creditors be handled?

One of the questions about probate that you may have is figuring out how to deal with outstanding debts and financial obligations of the deceased. Estate credits are generally legally entitled to being reimbursed by the estate’s proceeds.

Your attorney should be able to give you a strong picture of what creditors need to be paid and when. Your probate attorney should also be able to put together a plan for paying creditors before the estate is closed.

Be sure to go over this with your probate lawyer to avoid any future liability. Make sure you have a lawyer who is experienced and confident in handling creditors as well to avoid future liability.

9. Do I need a bond?

A bond is something that you should definitely have during the probate process. A bond acts similarly to an insurance policy on a bad executor and is designed to protect both creditors and beneficiaries. A bond ensures that everyone is rightfully compensated.

You will have to pay an annual premium on the bond. This must be done before the executor is appointed. While a bond is not required, it’s certainly recommended. Be sure to talk with your probate attorney about the importance of a bond.

10. Do you see any issues arising in my case?

It’s always best to be prepared during probate, which is why it’s smart to ask your attorney about any potential issues or setbacks that they see arising in your case. This way, you can plan accordingly and have a stronger idea of what to expect.

As we mentioned previously, it’s so important that you have an experienced probate attorney that you can trust. Filippi Law Firm, P.C. is just that. We provide trusted legal advice to help lessen the burden of the probate process. Learn more about how we can help you and schedule a consultation today.

Satisfied Client Stories


We found the Filippi Law Firm in Yelp and we were so lucky to have found them. Both Jen and Jim were kind and patient, explaining the process and addressing our concerns with a cost we felt was appropriate for the quality of the work. At all times we felt supported in the process and it could not have gone better. If you need this kind of work do yourself a favor and reach out to these folks for help. You won’t regret it.

Ron G. | Sacramento, CA

Jenn helped us with a trust account for my parents. She is very polite and thorough at doing her job she answered every question. My parents had and made them feel very welcome there. If we ever had to use the office again, we would .

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Peg H. | Citrus Heights, CA

I was referred to Filippi Law Firm from another client, who was very happy with their services. I very thankful for the guidance given, for my “Trustee Role” for my Uncle’s Estate. It went smoothly, from start to finish.

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