When might you need an attorney for probate?

On Behalf of | May 24, 2022 | Probate |

The probate process can sometimes become challenging. Most small or simple estates can move through the process fairly easily without a lot of hassle.

However, you never can know when a simple estate may become complex because of someone who has issues with your will or other wishes. The State Bar of Michigan explains that using an attorney for probate can help ensure the process goes smoothly, but there are some cases where you should always have a lawyer involved.


Your estate executor may need guidance or assistance with your estate. If you suspect the person you appointed will not be able to handle all the duties or will worry about personal liability, then it is a good idea to bring on an attorney to assist. Also, if you have nobody you want to appoint, you can choose a lawyer to handle the executor duties.

Heir issues

Another situation where having a lawyer on hand will be quite helpful is if you suspect there will be problems with your heirs. Whether you think someone will be hard to find or there is someone who will cause problems, an attorney can help the executor handle whatever comes up. The lawyer also can serve as a mediator if there is fighting or other disagreements among heirs.

While you can never know what will happen after your death, planning ahead by securing an attorney to assist with probate is a good idea in many cases. For the most part, unless your estate is super simple, such as everything goes to your spouse and you have no complex assets, you will probably make the life of your executor much easier if you have an attorney on hand.