Do you have to hire a local attorney when going through probate? 20 Answers as of February 20, 2012

A good lawyer knows the law, a great lawyer knows the judge. A "local" attorney should be more in tune with the local rules and procedures.

No, the attorney need not be local but must be licensed in that state.

Lawyers are admitted to practice in all courts of the state. They must be admitted separately to federal courts. There is no legal reason that an attorney 127 miles from the court cannot practice in the court. There may be practical reasons why an attorney located closer may be more appropriate but generally many estates are handled without the necessity of court hearings where the attorney must actually appear. Certainly having confidence in an attorney to give good advice and timely assistance is a reason to pick an attorney that you know as opposed to someone located next to the courthouse that you do not know.

The answer to your question depends on the all of the facts of your specific situation. No attorney can give you specific advice to your situation without knowing the entire situation. I can comment generally based on the information that you provided in your question. However, you should understand that the information contained in your question does not contain essential information needed to provide you with legal advice. This message is not intended to be legal advice for you and you should not consider that we have formed an attorney/client relationship. I am assuming that you are in Oregon and that Oregon law applies, that you are not a co-executor of the estate and your only status in the case is as a beneficiary of the estate. The short answer to your question is "no". The lawyer does not need to have an office in the county where the estate is probated. Oregon uses the mail for filing most routine estate paperwork. The entire process can be (and may have to be) handled by mail. If there are some problems, they may have to be handled in person, in court but that just means driving over from another county. It happens all the time.

You do not have to hire a local attorney but it is sometimes advisable.

Only someone licensed in Florida can act as an attorney in a case. However, an attorney licensed in Florida can practice in any county in the state of Florida. So, to answer your question, as long as the attorney is licensed in the state of Florida, he or she does not have to be in the county where the probate is located.

There is no requirement that an attorney has to be local to administer a decedent estate.

Any Oregon lawyer can do an Oregon probate. Procedures differ somewhat from county to county, but that can all be handled.

No. While a local attorney might make things easier from a practical perspective, there is no requirement at all that the attorney representing a personal representative reside or office in the same city or county. If you've been given conflicting information, the person that gave it to you is mistaken.

The probate must be filed in the proper venue (court) in the county where the decedent resided. However, so long as the attorney is licensed to practice in that court then he may do so. For instance, I work in Southern California. However, I may work on a probate matter in Fresno somewhere as I am admitted to all California Courts. It is just going to be very expensive to pay my travel time.