If you're dealing with a loved one's estate in Texas, hiring a probate attorney is one of the most important decisions you'll make. The right attorney can keep the process moving, prevent costly mistakes, and take a significant burden off your family. The wrong one can slow everything down and leave you more confused than when you started.
Most people have never hired a probate attorney before. This guide gives you the questions worth asking so you can make a confident, informed decision before you sign anything.
Before You Start Interviewing
A few things to know going in. Most probate attorneys will offer a free or low-cost initial consultation. Use that meeting to ask questions, not just to listen. A good attorney will welcome the questions. One who gets defensive or dismissive when you ask about fees, timelines, or their experience is a red flag worth paying attention to.
You're also allowed to interview more than one attorney before deciding. This is a significant legal engagement and you're entitled to find the right fit.
Questions About Their Experience
How much of your practice is focused on probate?
Some attorneys handle probate as a small part of a general practice. Others specialize in it. For anything beyond a simple estate, you want someone who does this regularly and knows the local courts. A probate attorney who appears in Collin County or Dallas County probate court on a regular basis will move faster and anticipate problems that a general practice attorney might miss.
How long have you been handling probate cases in Texas?
Texas probate law has its own quirks, including independent administration, muniment of title, and affidavits of heirship. You want someone who has handled a range of Texas-specific situations, not just general estate law experience from another state.
Have you handled estates similar to ours?
If your estate involves multiple heirs, a contested will, real estate with title complications, or an intestate situation, ask specifically whether they've navigated those scenarios before. The more your situation matches their experience, the smoother things tend to go.
Which probate courts do you regularly appear in?
Local relationships matter in probate. An attorney who knows the judges, clerks, and court schedules in your county can move things along more efficiently than one who is unfamiliar with that courthouse.
Questions About the Process
What type of probate administration do you think applies to our estate?
Texas offers several paths: independent administration, dependent administration, muniment of title, small estate affidavit, and others. Each has different requirements and timelines. A good attorney should be able to give you a preliminary read on which path makes sense after reviewing the basics of your situation.
What's a realistic timeline for our estate?
No attorney can guarantee timelines, but an experienced one can give you a realistic range based on your situation. Push back on vague answers. "It depends" is always true, but a good attorney can tell you what it depends on and what the range looks like.
What do you need from us to get started?
This tells you how organized and systematic they are. A clear, specific answer is a good sign. A vague answer may mean they're less hands-on than you need.
Will you handle the case personally, or will it be passed to a paralegal or associate?
In many firms, the attorney you meet with hands the actual work off to someone more junior. That's not always bad, but you should know who you'll actually be working with day-to-day and what oversight looks like.
How do you handle disputes between heirs?
If there's any chance of disagreement among the heirs about the estate or the property, ask this directly. Some attorneys are skilled at keeping families aligned and moving forward. Others are purely transactional and will leave conflict resolution to the court, which takes longer and costs more.
Questions About Fees
How do you charge for probate work?
Some attorneys charge a flat fee for straightforward estates. Others charge hourly. Some charge a percentage of the estate value. Each model has tradeoffs. Flat fees give you cost certainty. Hourly can be cheaper if things move quickly but expensive if complications arise. Know what you're agreeing to before you sign.
What's included in your fee and what's not?
Court filing fees, publication costs, and other expenses are typically billed separately from attorney fees. Ask for a clear breakdown of what the quoted fee covers and what you can expect to pay on top of it.
What would cause the cost to increase?
Good attorneys will be upfront about what can make a case more complicated and more expensive. Common drivers include contested wills, creditor claims, title issues, and uncooperative heirs. Knowing this in advance helps you plan and avoids surprises.
Do you require a retainer? If so, how much?
Most probate attorneys require an upfront retainer that they draw against as the work proceeds. Ask what happens to unused retainer funds if the case resolves faster than expected.
Questions About Communication
How will you keep us updated on the case?
Probate can stretch for months. You shouldn't be left wondering what's happening. Ask how often you'll receive updates, through what channel, and who your main point of contact is.
What's your typical response time for calls or emails?
This is a practical question but an important one. An attorney who takes a week to return calls during an active estate creates unnecessary stress. Set expectations early.
Are there other family members or heirs who should be included in communications?
If the estate has multiple heirs, ask how the attorney handles communication across the group. Some attorneys will only communicate with the executor and leave it to them to update others. Others will include all heirs in key updates. Know which approach fits your family's situation.
One More Thing to Pay Attention To
Beyond the answers, pay attention to how the attorney communicates. Do they explain things clearly or hide behind jargon? Do they treat your questions as reasonable or make you feel like you're taking up their time? Do they seem genuinely interested in your situation or are you just another file?
Probate is a process that can span a year or more. You want an attorney you can communicate with, trust, and reach when you need them. The legal credentials matter, but so does the relationship.
A note on real estate within the estate
Your probate attorney handles the legal side of the estate. For real estate specifically, including decisions about whether to sell, how to price the property, and what a sale would net, you'll want to work with someone who knows probate real estate in your local market. That's where we come in. We work alongside probate attorneys regularly and are happy to coordinate on the real estate side while your attorney handles the legal process.
Questions About the Property Side of Things?
We focus on the real estate. Book a free call and we'll walk you through what the property options look like, whether that's a cash offer, a market listing, or just understanding what the home is worth right now.