Do You Actually Need a Probate Lawyer? (Or Can You Do It Yourself)

Short answer: sometimes you genuinely don't, and sometimes a lawyer saves you far more than they cost. Here's how to tell which situation you're in — and exactly how to find a good one if you need to.

When DIY genuinely works

You can often handle probate yourself when:

• The will is clear and uncontested
• The estate is modest and the assets are simple (a home, some accounts)
• The beneficiaries get along
• Your jurisdiction has decent self-serve court forms (most do)

Plenty of people complete a straightforward estate using official court forms and a good step-by-step guide.

When a lawyer pays for itself

Bring in a probate lawyer when any of these are true:

• There's real estate, a business, or assets in more than one province or state
• The will is old, unclear, or might be challenged
• The family is blended or tense, or someone may make a dependant's/spousal claim
• You're personally exposed as executor and want the protection of doing it right
• You simply don't have the time or bandwidth — that's a legitimate reason on its own

On a six-figure estate, a lawyer's fee is usually small next to the cost of a single serious mistake.

What probate lawyers actually charge

Three common models:

• Percentage of the estate (common in some US states; sometimes set by statute, as in California)
• Hourly — typical in Canada, often $300–$600/hour
• Flat fee for a defined scope (increasingly common and easiest to budget)

Always ask which model applies and get the estimate in writing before you engage.

Red flags that mean "get help now"

• Someone has threatened to contest the will
• The estate may be insolvent (debts exceed assets)
• There's a business to value or wind down
• Assets sit in multiple jurisdictions
• You're being pressured by a beneficiary to distribute early

How to actually find a good one

This is the part most articles skip:

1. Use an official lawyer-referral service. In Canada, your provincial law society runs one (e.g., the Law Society referral service); in the US, your state or county bar association does. These pre-screen for licensing.
2. Filter for probate/estate experience in your specific jurisdiction — not a general practitioner. Ask directly: "How many estates have you handled in this province/state in the last year?"
3. Use the Foxglove directory — we list probate-experienced lawyers by jurisdiction so you're not starting from a blank search.

Six questions to ask before you hire

1. How many estates like mine have you handled recently?
2. What's your fee model, and what's your written estimate for my situation?
3. Who actually does the work — you or a junior?
4. How long do you expect this to take?
5. What will you need from me, and what will you handle?
6. What could go wrong, and how do you prevent it?

Foxglove is a guide, not a law firm. General information, not legal advice. We can help you find a probate-experienced lawyer in your jurisdiction.