Should the Personal Representative Hire an Attorney?

A qualified attorney should always be hired by the personal representative in order to assist with the administration of the decedent’s probate estate. There are always issues that arise and most of these legal problems will be unfamiliar to non-attorneys. The personal representative will receive advice from the attorney regarding his or her duties and rights under the law, and the attorney will be there to represent the personal representative in any probate estate proceedings.

While the attorney for the personal representative is present for all proceedings, he or she is not the attorney for any of the beneficiaries of the decedent’s probate estate. Any provision in the will that mandates a certain attorney or firm be employed as attorney for the personal representative, is not binding. The personal representative may hire any attorney desired. Regardless, the personal representative should hire an attorney experienced in probate proceedings.