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Questions to ask a probate attorney on the first call
Updated Nov 2026 · Find probate attorneys by county →
Most executors have never hired a lawyer before, and the first call can feel like a test you didn't study for. It isn't. You're interviewing them. Here is what to ask.
Before you call
Have three things handy: a rough idea of what the estate owns (a house? bank accounts? a business?), whether there is a will and where it is, and whether anyone in the family is likely to disagree about anything. Those three facts decide most of what an attorney will tell you.
Do I need an attorney at all?
Not every estate does. Connecticut has a simplified procedure for small estates with no real estate, and the Probate Court publishes plain-language user guides for people handling an estate themselves. Ask the attorney directly: "Given what I've described, is this something I could reasonably do myself with the court's help?" A good one will tell you honestly, and you'll learn a lot from how they answer.
Questions about the work
- How many Connecticut estates have you handled in the last year? Probate is procedural. You want someone who files these forms every week, not a general practitioner who does one a year.
- Who will actually do the work? Often a paralegal handles filings and the attorney reviews. That's fine, and usually cheaper. Just know who you'll be talking to.
- What will you need from me, and when? A clear answer here tells you they have a process.
- What's the realistic timeline? Connecticut estates commonly take a year or more because of the creditor claim period and the final accounting. If someone promises a few months, ask why.
Questions about money
- Flat fee or hourly? Many probate attorneys offer a flat fee for a straightforward estate administration. Hourly is common for anything contested. Either is legitimate; what matters is that you know which one you're getting and what's included.
- What's not included? Selling the house, tax returns for the estate, and disputes are often extra. Ask.
- Is the fee paid by the estate or by me? Usually the estate pays, but you may need to advance costs early on.
- Can you put that in an engagement letter? Always yes. Read it.
A note on fees in Connecticut
Connecticut does not set attorney fees for probate as a fixed percentage of the estate. Fees must be reasonable and the Probate Court can review them. If someone quotes a percentage without explaining the work behind it, that's a reason to make another call.