Probate callers usually know two things: someone died, and something needs to be done. Beyond that, it varies. Some have the original will in hand and a court date. Others aren't sure whether there's a will, who's in charge or whether probate is even needed.
Your intake team's job is to turn that into a clear picture for the attorney without telling the caller what the law requires. Here are the questions that do it, in an order that tends to work.
One note before we start. Probate procedure varies a lot by state, and sometimes by county. Whether probate is required, which court handles it, what deadlines apply and whether a simplified process is available are all state-specific. Have your attorneys review this list against your local practice.
Open with care
The person who died was someone's parent, spouse or sibling. Start there.
"I'm sorry about your father. I'm going to ask some questions so the attorney can understand the situation. Take your time, and if you don't know an answer, that's okay."
For more on tone, see handling grieving callers at a probate firm.
About the person who passed away
- "What was your father's full name?"
- "When did he pass away?"
- "Where was he living at the time? Which state and county?"
- "Did he own property anywhere else, like a house or land in another state?"
Where the person lived usually determines where probate happens. Property in another state can mean a second proceeding in some cases. Just record it.
About the caller
- "What was your relationship to him?"
- "Has a court appointed anyone to handle the estate yet?"
- "Are you named in the will as executor, or expecting to take on that role?"
Who the client is matters here. In many probate matters, the firm represents the personal representative (the executor or administrator) in that role. A caller who's a beneficiary but not the executor may be a different kind of matter. Intake should note the caller's role and let the attorney sort out representation. If several relatives call about the same estate, log each one and flag it so the attorney sees the whole picture.
About the will
- "Did he have a will?"
- "Do you know where the original is?" (The signed original, not a copy.)
- "About when was it signed, and in which state?"
- "Did he have a trust?"
If they have the original will, ask them to keep it somewhere safe and bring it to the consult. Don't advise them on filing it. Rules on when and where an original will must be filed vary by state, and that's the attorney's conversation.
If the caller mentions a trust, the matter may involve trust administration instead of probate, or alongside it. Note it and let the attorney decide. More on this in probate vs. trust administration.
About the family
- "Was he married when he passed?"
- "Did he have children? Have any of them passed away?"
- "Are there stepchildren, or children from other relationships?"
If there's no will, the family structure tells the attorney who may inherit under state law. Even with a will, it helps the attorney see who may need notice.
About assets
You don't need values to the dollar. You need categories and rough sizes.
- "Did he own a home or other real estate? Was it in his name alone, or with someone else?"
- "Bank or investment accounts? Roughly how much, if you know?"
- "Retirement accounts or life insurance? Do you know if a beneficiary was named?"
- "Vehicles, a business or anything else of significant value?"
- "Roughly, what do you think everything adds up to?" (Ranges are fine.)
How assets are owned matters. Some pass outside probate, like accounts with a named beneficiary or property owned jointly with survivorship rights. Many states also have simpler procedures for smaller estates. Intake shouldn't tell the caller whether any of that applies. Record what's owned and how, and let the attorney decide.
About debts and bills
- "Are there debts you know about, like a mortgage, medical bills or credit cards?"
- "Have any creditors contacted the family?"
Note what they know. Don't comment on whether family members owe the debts. It's a common worry, and it's an attorney question.
About urgency
- "Is anything time-sensitive right now? Court papers, a hearing date, a house sitting empty or a deadline in a letter?"
- "Is anyone living in the house? Is someone looking after it?"
Flag anything with a date. Our post on triaging urgent probate deadlines at intake goes further on this.
About disputes
- "Is the family in agreement about how things should be handled?"
- "Has anyone raised concerns about the will?"
Ask neutrally. A contested matter is a different case, often with a different fee structure and sometimes a different attorney.
Questions callers will ask you
Have firm-approved redirects ready for these:
- "Do we have to go through probate?"
- "How long will this take?"
- "Can I sell the house?"
- "Am I responsible for his debts?"
- "Can I use money from his account to pay for the funeral?"
The answer to all of them:
"That's an important question, and the answer depends on the details and your state's rules. The attorney will go through it with you at the consultation."
Don't soften it with a guess like "usually not." That guess is the line that gets quoted back later.
Booking
"I have [day, time] with [Attorney]. Please bring the original will if you have it, a death certificate if it's available, and any letters from the court, banks or creditors."
If the death certificate hasn't arrived yet, tell them to come anyway.
The intake note
When the call ends, the attorney should see:
- The decedent's name, date of death, and state and county of residence.
- The caller's name, relationship and role (named executor, beneficiary or other).
- Will or trust, where the original is, and when and where it was signed.
- Spouse, children and stepchildren.
- Asset categories, how they're titled and a rough total.
- Known debts.
- Urgent items and dates.
- Any dispute.
- The consult time.
With that in hand, the attorney can spend the consult on advice instead of fact-gathering.
Where IntakeGenius fits
The IntakeGenius AI voice agent runs your probate questions on every call, gently and in the order your attorneys want, and never answers the "do we need probate" question itself. It books the consult and puts the full note in IntakeCRM. If you'd like to see it set up for your probate practice, let's find 15 minutes. No slides.