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Katz & Associates / Choosing probate counsel
Before comparing fees, find out who needs representation, who the lawyer would represent, and what work the agreement covers.
The first decision
In Florida, a personal representative generally must have a lawyer admitted to practice in the state. The rule has an exception when the representative remains the sole interested person. A Florida lawyer serving in that role may represent themselves.
That does not mean every person involved in every probate proceeding must hire a lawyer. Start with your role and the type of proceeding. Our Florida probate services address representation and administration needs.
Not just a question of estate value
Florida Probate Rule 5.030(a) sets the representation requirement for personal representatives. Do not assume that being the only named beneficiary makes you the only interested person. Ask whose rights the case may affect.
A small estate, no real estate, or an absence of family conflict does not by itself create an exception to that rule. Nor should you assume that a form found online is suitable for the estate.
Different probate routes have different requirements. Summary administration, for example, uses a court order to distribute assets rather than appointing a personal representative. Ask which proceeding fits the assets and facts before deciding whether you can file without counsel. The question is not simply, “How much was everything worth?”
Separate authority from a family request. Being named in a will or asked by relatives to handle matters is not the same as having every power needed to deal with estate property. Bring any court papers showing your appointment or the current stage of the case.
One estate, different interests
The Florida Bar’s probate guide explains that counsel for the personal representative advises and represents that representative. The lawyer is not, by that role alone, the beneficiaries’ lawyer.
This distinction matters even when everyone gets along. A beneficiary may want advice about a proposed waiver, an accounting, a fee, or a distribution. The person handling the estate must follow legal duties. Those duties may not match one family member’s wishes.
Ask whether the lawyer would represent you as personal representative, what duties you must carry out, and what decisions need legal review first.
Ask whether you need your own advice about your rights, any document you are asked to sign, or a deadline that affects you.
Getting your own advice does not have to mean starting a fight. It can help a person understand a decision before making it. Do not assume that a family meeting changes whom a lawyer represents.
A before-you-sign checklist
Use these questions to turn a broad proposal into a clear discussion. The checklist is not a description of a particular firm’s contract.
| Check | Question to ask |
|---|---|
| Client and role | Whom will you represent, and in what capacity? |
| Included work | Which filings, notices, advice, and closing tasks are covered? |
| Fee and expenses | How is the fee calculated, which costs are separate, and when is payment due? |
| Other professional work | Are tax returns, a property sale, or business issues included or handled separately? |
| Disputes and changes | What happens to the scope and fee if a claim or family dispute arises? |
| Communication | Who is my contact, how are updates handled, and what must I provide? |
| Immediate next step | What deadline or decision needs attention first, and who is responsible? |
Keep the written agreement with your estate records. Ask about unclear terms before signing.
Scope affects cost
A quote may cover a case with no disputes. It may not cover a fight over a will, a disputed debt, or separate work on a property sale. Ask about those boundaries rather than treating the first number as an all-in promise.
Also separate the attorney’s fee from court costs and other expenses. Ask how much cash is needed to start. Who must pay it? If you advance money, how would you get it back? Our Florida probate costs guide explains those distinctions in more detail.
Do not select counsel based on a promise that probate will be quick or conflict-free. Ask what facts could change the plan and how the lawyer would keep you informed. No lawyer can control every court, creditor, tax, or family issue.
Make the first conversation useful
Gather the will and any changes to it. Bring a death certificate if you have one, plus any court papers. List the people who may have rights in the estate and how to reach them. Make a list of assets, how they are owned, known debts, and any property in another state.
Include letters or notices that may carry a deadline. Do not wait for a complete file before raising an urgent issue. If a document is missing, say so rather than guessing what it contains.
Write down your own role and main concern. Are you being asked to administer the estate, sign a waiver, explain a transaction, or respond to a claim? A clear question helps the lawyer assess the next step.
Before sending financial records, ask how the firm wants to receive them securely. Do not put account passwords or full identification numbers in a general contact-form message.
Clarify your role before you commit
Contact Katz & Associates with your role, the county involved, and any known deadline. Ask about representation, scope, and the next step.
Common questions
Do not assume so. That lawyer’s representation of the personal representative does not automatically create an attorney-client relationship with each beneficiary. Ask who is represented and whether separate advice is needed.
No. The type of proceeding, your role, and the applicable rules matter. Estate value alone does not answer the representation question.
Not if a deadline or urgent issue may be involved. Explain what you have and what is missing. Ask what needs attention first.
About the author
This article is general information, not legal advice about an estate or your rights.
Sources checked October 26, 2026. The court-rule source is the October 15, 2026 compilation.
