The short answer
Sometimes. Some people settle a simple estate on their own, using the court's forms.
Some courts require a lawyer, though. So does Florida, for example, unless you are the only person interested in the estate.
Some estates are also harder to settle alone: a family dispute, a business, land in another state, or debts bigger than the estate.
If you do hire a lawyer, ask whom they represent. A California court's page, for example, says the lawyer represents the executor, not the beneficiaries.
How lawyers are paid varies too. In California, for example, the law sets the fee. In Florida it can be negotiated.
This chapter explains how things usually work in the United States. It is not legal, tax or financial advice, and the rules where you live may differ. Before you act on anything here, check it with one of the people named at the end of the chapter.
What to do
- Ask the probate court whether a lawyer is required there.
- List what makes this estate complicated, if anything.
- Get two or three quotes, in writing.
- Ask each lawyer how they charge, and what the fee includes.
- Ask whether they represent you or the estate.
- Check free legal help at lsc.gov if money is tight.
What can wait
- Signing an engagement letter on the first call. You can take it home and compare it with the others.
- Deciding on a lawyer for the whole estate. Unless your court requires a lawyer to apply, you can start with one question, or one part of the job.
Who can help
The probate court clerk can tell you the local rules and give you the forms, though not legal advice.
For free civil legal help if your income is low, lsc.gov finds the legal aid office for your area. LawHelp.org is another place to look, and a librarian at your public library can help you search.
The rules, phone numbers and web addresses in this book were checked against the agencies’, courts’ and organizations’ own pages in October 2026. Where a rule differs by state, the book names one state as an example. Check anything you rely on with the office itself.
From Book 2: Being in Charge
This page has the short answer and the closing lists from chapter 6. The full chapter explains, in plain words, what exists, what to ask, and who can answer. The book covers months 1 to 9 after the death.
Questions near this one
Other questions on related subjects, from this book and the others.
- When is a mediator worth it? Book 5, Siblings and the Estate
- One of us is in charge: what do the others have a right to know? Book 5, Siblings and the Estate
- Can Medicaid recover costs from the estate or the house? Book 3, Their Money
- How do I protect myself personally? Book 2, Being in Charge
Hear when Being in Charge is out
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