Before your first meeting with an estate lawyer after a death in the family, the questions to ask fall into nine areas: the lawyer’s experience and fees, whether probate is required at all, the first steps and realistic timeline, your personal duties and liability as executor, how to inventory and value the assets, how to handle debts and creditor claims, which tax returns are due, how to deal with digital accounts and cryptocurrency, and how to manage beneficiaries, disclaimers, and possible will contests. Bring the death certificate (several certified copies), the original will, any trust documents, recent tax returns, deeds, bank and brokerage statements, insurance policies, and a list of known debts. If something is missing, say so; part of the lawyer’s job is helping you find what you don’t yet have.
The Lawyer’s Experience and Fees
Ask how many estates the attorney has handled that resemble yours in size and complexity. A lawyer who mostly handles modest, straightforward estates may not be the right choice if yours involves a business, out-of-state real estate, a blended family, or a likely will contest. Ask specifically about the wrinkles you already know about.
Then ask how they bill. Most estate attorneys charge hourly, with rates generally between $250 and $450 an hour, though rates sit above and below that band. A handful of states set attorney fees by statute as a percentage of the estate’s gross value, so ask whether your state uses that model. Some lawyers offer flat fees for simple probate matters. Whatever the structure, ask for a good-faith estimate of total legal costs so you can budget the estate.
If a retainer is required, ask how large it is, how it gets replenished, and what happens to any unused balance. Ask about costs on top of the lawyer’s time: court filing fees, appraisals, bond premiums, publication costs for creditor notices, and accountant fees all come out of the estate.
Whether Probate Is Actually Required
Ask whether the estate needs to go through probate at all. Probate is the court-supervised process that validates a will, appoints an executor, and oversees payment of debts and distribution of what’s left. Many assets skip it entirely: life insurance proceeds, retirement accounts with named beneficiaries, jointly held accounts with rights of survivorship, and property held in a living trust all pass outside probate.1American Bar Association. The Probate Process Have the attorney review the asset documents and beneficiary designations before you open a probate case you may not need.
If the probate assets are modest, ask whether the estate qualifies for a simplified small-estate procedure. Every state offers some version of this, but the dollar thresholds vary dramatically, from as low as $15,000 in personal property to $200,000 or more in other states.2Justia. Small Estates Laws and Procedures 50-State Survey The simplified route often means filing a short affidavit instead of opening a full case. Ask whether owning real estate disqualifies the estate, as it does in many jurisdictions.
If the deceased person left no will, ask the attorney to explain your state’s intestacy rules. The court appoints an administrator rather than an executor, usually giving preference to a surviving spouse, then adult children, then other close relatives. Assets pass by a formula set by state law, not by the deceased person’s wishes. The attorney can tell you where you stand in that priority order and whether you are likely to be appointed.
First Steps and Realistic Timeline
Ask the attorney to walk you through what happens first. The process usually begins by filing a petition in the local probate court to be appointed. Once the court approves, it issues the document that gives you legal authority to act for the estate: Letters Testamentary if there is a will, Letters of Administration if there is not. You will need certified copies for nearly every bank, brokerage, insurer, and agency you deal with.
You will also need a separate Employer Identification Number for the estate, distinct from the deceased person’s Social Security number. The IRS requires it for the estate’s bank account and tax filings.3Internal Revenue Service. Information for Executors Ask whether the attorney handles the EIN application or expects you to do it through the IRS website.
Ask for a realistic timeline. Simple estates with few assets and no disputes may close within six months; complex ones involving tax returns, hard-to-value assets, or family disagreements can run two years or more.4The American College of Trust and Estate Counsel. Inheritance and Estate Settlement When Will I Get My Money If a federal estate tax return is required, the estate often can’t close until the IRS accepts it.
Your Duties and Personal Liability
As executor or administrator, you owe a fiduciary duty to the beneficiaries. In practice that means safeguarding assets, investing them prudently, paying legitimate debts and taxes, keeping detailed records of every dollar in and out, and treating beneficiaries fairly. Ask what you can and cannot do before the court formally appoints you, because some things — securing a vacant house, stopping automatic payments, paying urgent bills — may need to happen immediately.
One of the earliest steps is opening a dedicated bank account for the estate. Depositing estate funds into your personal account, even briefly, is called commingling and is one of the fastest routes to legal trouble. Every receipt, payment, and distribution should move through the estate account with a clear paper trail.
Ask the attorney directly which mistakes could make you personally liable. Courts have held executors personally responsible for distributing assets to heirs before paying all debts and taxes, missing tax deadlines, making risky investments with estate funds, mixing estate money with personal accounts, and even failing to oversee professionals hired by the estate.5Justia. Executor’s Breach of Fiduciary Duty Under the Law The attorney can name the specific pitfalls in your situation and explain how to protect yourself with documentation, court approvals, and professional advice.
Ask whether the court will require a fiduciary bond, which is essentially an insurance policy protecting beneficiaries if you mismanage the estate. Many wills waive the bond requirement. If the will is silent, you may be able to get a waiver by showing the estate is low-risk or by getting all beneficiaries to consent. If a bond is required, the premium comes out of the estate and depends on its total value.
Finding and Valuing the Assets
A core task is building a complete inventory of what the deceased person owned. Ask the attorney how to search systematically: personal papers, prior tax returns (which reveal reported income and interest), the state’s unclaimed property office, and direct contact with financial institutions. People often have accounts and policies family members never knew about.
Each asset needs a value. Account statements handle most bank and brokerage holdings. Real estate, closely held business interests, collectibles, and unusual personal property usually need a formal appraisal. Real estate appraisals for estate purposes typically run from a few hundred to over a thousand dollars depending on the property. Ask which assets require formal appraisals and which can be valued with documentation already in hand.
Then ask about the step-up in basis, which most executors don’t think to raise. Under federal tax law, inherited property gets a new cost basis equal to its fair market value on the date of death, not what the deceased originally paid.6Office of the Law Revision Counsel. 26 US Code 1014 – Basis of Property Acquired From a Decedent A house bought for $150,000 and worth $400,000 at death gives the heir a basis of $400,000; a later sale at $410,000 produces only $10,000 of taxable gain rather than $260,000. Accurate date-of-death valuations preserve this benefit and prevent later disputes with the IRS, so get the appraisals right now.
Debts and Creditor Claims
Debts get paid before heirs receive anything, so ask the attorney how to handle them in order. You will need to identify every obligation: mortgages, credit cards, medical bills, personal loans, and anything else outstanding. Most states require you to notify known creditors directly and publish a notice in a local newspaper to reach anyone else. Ask about the specific notice rules and deadlines in your state; following the proper procedure is what protects you from personal liability if a creditor surfaces later.
After proper notice, creditors have a limited window to file claims. The exact period varies by state, and known creditors generally have a shorter deadline than unknown ones who learn of the death through published notice. Late claims are usually barred. If the estate can’t cover every debt, state law sets the priority for who gets paid first; ask the attorney to walk through that order. Also ask which claims look illegitimate or inflated and should be challenged rather than paid.
Tax Filings You May Owe
Tax deadlines are firm and the penalties for missing them fall on you personally, so cover this at the first meeting. There are up to three separate filings in play.
The Deceased Person’s Final Income Tax Return
Someone has to file a final Form 1040 covering income from January 1 through the date of death. It follows the normal rules and is due April 15 of the year after death.7Internal Revenue Service. File the Final Income Tax Returns of a Deceased Person If a refund is due, you’ll need Form 1310 to claim it. Ask whether any prior years’ returns were unfiled, because you are responsible for those as well.
Estate Income Tax Return
If the estate itself earns more than $600 of gross income in any year of administration — from interest, rental income, dividends, or asset sales — you must file Form 1041. Estates that hold investments or rental property almost always generate income during the months or years before closing. The return is due April 15 for calendar-year estates, or the 15th day of the fourth month after a fiscal year ends.8Internal Revenue Service. File an Estate Tax Income Tax Return
Federal Estate Tax Return
A federal estate tax return on Form 706 is required only if the gross estate exceeds the basic exclusion amount, which for 2026 is $15,000,000.9Office of the Law Revision Counsel. 26 US Code 2010 – Unified Credit Against Estate Tax Most estates sit well below that. When Form 706 applies, it is due nine months after the date of death, with an automatic six-month extension available by filing Form 4768.10Internal Revenue Service. Frequently Asked Questions on Estate Taxes
Even if the estate is below the filing threshold, ask about portability. A surviving spouse can claim the deceased spouse’s unused exclusion, effectively doubling the exemption available to the survivor’s own estate later. Claiming portability requires filing Form 706 even when no tax is owed. Missing it can cost the surviving spouse’s estate millions down the road. If the deadline has already passed, a simplified late-filing procedure is available for estates below the filing threshold, but it must be used within five years of the date of death.10Internal Revenue Service. Frequently Asked Questions on Estate Taxes Ask the attorney whether a portability election makes sense for your family.
Digital Assets and Cryptocurrency
Ask how to handle the deceased person’s digital life: email, social media, cloud storage, online financial accounts, photo libraries, and any cryptocurrency. Most states have adopted some version of the Revised Uniform Fiduciary Access to Digital Assets Act, which gives executors a legal framework for access, but the practical obstacles are usually harder than the legal ones.
The real problem is getting in. Ask whether the deceased left any record of passwords, through a password manager, a written list, or instructions to a trusted person, and whether any platforms allow a legacy-contact designation that would grant you access. For cryptocurrency the stakes are higher: without the private keys or recovery phrases, those assets may be permanently inaccessible.
Crypto and other volatile digital assets also complicate timing. Values can swing dramatically between the date of death and the day you actually gain access or sell. Ask about the timing of valuation, whether beneficiaries want the assets transferred in kind or liquidated, and whether a specialist should be engaged for blockchain tracing or secure storage. Deciding early protects you from later claims that you mishandled the assets by waiting too long.
Beneficiaries, Disclaimers, and Will Contests
Ask what you must tell the beneficiaries and when. Most states require formal notice after the will is admitted to probate, and many require you to provide a copy of the will and an accounting of the estate’s assets and transactions. Get clear guidance on what you must share versus what you can share voluntarily. Being too secretive breeds suspicion; being too informal creates legal exposure.
Raise practical problems early. If a beneficiary cannot be located, ask about the legal steps for a diligent search and what happens to that share if the person is never found. If a beneficiary is a minor, ask whether a guardian or custodial account must be set up before you can distribute the inheritance.
Ask whether any beneficiary might want to refuse their inheritance through a qualified disclaimer. A disclaimer can serve tax purposes, for example, an adult child who doesn’t need the money disclaiming so assets pass to grandchildren in a lower bracket. To be valid under federal tax law, a disclaimer must be in writing, irrevocable, and delivered within nine months of the date of death, and the person disclaiming must not have accepted any benefits from the property first.11eCFR. 26 CFR 25.2518-2 – Requirements for a Qualified Disclaimer That nine-month clock cannot be extended, so raise it at the first meeting if anyone is even considering it.
Finally, ask how likely a will contest is given the family dynamics, and what one would do to the timeline and the budget. Contests typically allege lack of mental capacity, undue influence, or improper execution. Even an unsuccessful challenge can delay distribution for months and drain the estate through legal fees. The attorney can assess the will’s vulnerability and advise on whether to settle with a disgruntled heir before anything is filed.