When a loved one passes away, in addition to the grieving process, a logistical process begins where someone must step in to settle their final affairs. This includes paying debts, distributing assets, filing the necessary paperwork, and ensuring that their wishes are honored. 

It may be confusing whether this is something you can do on your own or if professional legal guidance is necessary. 

In the case of simpler estates, they can usually be handled without an attorney’s assistance. However, there are many situations that may arise where doing your own probate may become overwhelming, expensive, or risky.

Here’s some advice from Phoenixville estate administration and probate lawyers on how to know when your situation requires a probate lawyer to protect the estate and your peace of mind.

When You Might Be Able to Handle Probate on Your Own

A couple of scenarios in the probate process could be handled without legal help, such as:

  • Your loved one’s estate is small and qualifies for a simplified or expedited process.

  • There is no real estate involved.

  • There is a clear and uncontested will.

  • No creditors are expected to make claims.

  • All of the beneficiaries involved agree on the asset distribution.

Even if your situation is not complex, handling an estate requires organizational discipline, comfort with legal documents, and attention to detail. A probate lawyer can help if the DIY process becomes too overwhelming. 

When You Should Hire a Probate Attorney

1. The Estate Includes Real Estate

Property transfers in Pennsylvania have strict steps that need to be taken in the legal process. If you mishandle deeds or titles, they can be delayed, disputed, or it may even result in litigation. In cases where a home had liens, shared ownership, or unclear documentation, getting advice from an attorney is essential to ensuring they are handled properly. 

2. There Is No Will or the Will Is Unclear

An intestate estate is the property of someone who dies without a will.They follow complex state laws that dictate who inherits the estate. If a will is vague, outdated, or incomplete, legal interpretation may be needed to determine who the rightful beneficiaries are.

3. Beneficiaries Disagree or Don’t Trust Each Other

Probate can bring old tensions to the surface. Disputes over property, sentimental items, or perceived fairness can derail the process. Having a neutral legal professional dramatically reduces conflict and ensures decisions follow the law, not emotion.

4. The Estate Has Significant Debt or Creditor Claims

A mistake that people may make when handling probate on their own is paying bills or distributing property too early. If creditors later emerge, they may be personally responsible for repaying those funds.

A probate lawyer will ensure that the estate follows state claim deadlines, notice requirements, and payment hierarchy.

5. The Estate Includes a Business, Investment Portfolio, or Complex Assets

Business interests, rental properties, intellectual property, investment accounts, and digital assets all require precise handling. Improper valuation or distribution can cause tax issues and legal exposure.

6. You’re Feeling Overwhelmed, Stressed, or Unsure

Being an executor is a legal responsibility, not just a family role. Mistakes can have personal financial consequences. If the paperwork, deadlines, or decisions feel daunting, legal support offers clarity and protection.

The Hidden Cost of DIY Probate

You might avoid hiring a probate lawyer because you want to save money, but making mistakes in probate can cost more than attorney fees. Possible mistakes include missed deadlines, incorrect tax filings, personal liability for estate debts, delayed distributions, family conflict, or court rejections.

Working with a  probate lawyer will help you avoid these pitfalls and move the estate forward efficiently.

Why Working With a Local Probate Attorney Matters

Probate laws differ by state and sometimes by county. A local attorney understands your state’s probate statutes, your county’s court procedures, the required notices and filings, and regional judges and timelines. Their experience with these aspects of the process reduce delays and uncertainty.