Does My Executor Need to Use an Attorney for the Estate?

You are probably doing your own due diligence to ensure that your chosen fiduciary, also known as an executor or personal representative, has everything they need to make probate simple. However, there are some circumstances when it might also make sense for this fiduciary to get the support of an experienced attorney.

This can be especially helpful in the event that your loved ones do not tend to get along and in cases in which you believe that someone may challenge the estate itself or the executor’s actions. It might make sense to you how you have organized your probate related property and your estate plan but that’s of no use if your executor cannot figure it out on your own. Most states do not require an attorney to represent the estate but some executors choose to do this as additional peace of mind and confidence. The executor has the responsibility to hire an attorney to represent the decedent’s estate so you might wish to discuss this with your chosen executor so that they know they have this option.

Executors can also be held liable in the even that something goes wrong, so when an executor selects an attorney to guide them through this process, it is often so that they feel more comfortable taking on this role and handling the process in the appropriate order. The help of a lawyer is instrumental in assisting an executor or personal representative with covering all of tehri duties cohesively.