PROBATE

What does a probate attorney do?

By Steve Lockhart

The short answer

Think of the probate attorney as the estate's legal operator. They prepare the petition that opens the case, present the will to the court, and get the personal representative appointed with Letters.

Full answer

Think of the probate attorney as the estate's legal operator. They prepare the petition that opens the case, present the will to the court, and get the personal representative appointed with Letters. From there they manage the machinery: notices to heirs and creditors, the claim period, the inventory and appraisal filings, and every deadline on the probate calendar, because in probate a missed deadline can bar a claim or stall a case for months.

When the estate holds a house, the attorney's work intersects directly with mine. They handle the legal side of the sale, from confirming the representative's authority level to preparing the petition for confirmation of the sale and attending the hearing where the court reviews the offer. They also prepare the final accounting that shows every dollar in and out, and they move the court to approve the distribution to the heirs.

The attorney's fees are paid from the estate as an expense of administration, which means the heirs do not pay legal bills out of pocket; the estate does. The personal representative usually hires the attorney, and their compensation must be reasonable. For families, the attorney is the person who makes sure the process runs lawfully, while I handle the part the attorney does not: pricing and selling the house in the real market.

A note about legal guidance: Steve is a licensed Realtor, not an attorney or a tax advisor. Probate, estate, and related tax questions involve Nevada law and IRS rules, and the specifics of your situation deserve a review with a probate attorney and a CPA who know your case.

Go a little deeper

Frequently asked

Questions people often follow up on

Do we need a probate attorney if there is no will?

Usually yes. Without a will, the court still needs the estate opened, an administrator appointed, and the legal process run correctly. Nevada law and the court expect professional handling in most cases.

Are attorney fees paid by the heirs?

No. Fees are an expense of administration paid from estate assets, before distributions. Heirs do not write a personal check for the probate attorney.

How does the attorney work with a real estate agent?

Cleanly divided: the attorney owns the court steps, and the agent owns the sale. For a smooth probate home sale, the attorney confirms authority and handles confirmation while I price, market, and negotiate.

The Lockhart Method

Your Home | My Strategy | Proven Results

My strategy: bring the attorney into the real estate conversation early. A probate home sale has two clocks, the court's and the market's, and when the attorney and I coordinate from the first week, the sale timing and the confirmation timing line up instead of fighting each other.

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