The probate court commonly appoints an attorney ad litem in cases where the decedent left no will, known as intestate cases. However, the court can also appoint an ad litem under other specific circumstances, such as when one of the heirs is a minor or in situations that require special legal attention.
The Attorney Ad Litem is an attorney who signs up to be on a court-approved list for these appointments. These attorneys typically are not highly compensated for their work in probate cases. Ad litem fees, which are non-negotiable, usually average around $800.
The attorney will provide an invoice to the party who applies for probate for their services. This is a cost of administration, so the party that pays the expense is generally entitled to reimbursement from the estate if there are sufficient assets to do so (some counties require this fee to be paid upfront).
The primary role of the Attorney Ad Litem is investigative. They are tasked with:
They also file an Answer in the probate case, and then attend the probate hearing.
Upon appointment, the attorney ad litem typically files a general denial with the court for their Answer. This is typically a procedural formality.
We then supply the attorney ad litem with the documentation they require for their investigation, which often includes:
Using this information, the Attorney Ad Litem will:
This investigation is typically pretty limited, but it is generally sufficient for the court’s purposes.
You usually do not need to prepare for conversations with the Attorney Ad Litem, as these are routine inquiries. With that said, this may not be the case if there is a complication in your case related to family relationships. You should discuss these situations with your probate attorney before discussing the case with the Attorney Ad Litem.
Once the Attorney Ad Litem is satisfied with the application’s accuracy, they will notify us, allowing us to proceed to schedule the court hearing.
During the hearing, the Attorney Ad Litem will be present to question the witnesses. Generally, they will ask questions to confirm the information gathered during their investigation.
You may experience delays in your case due to the Attorney Ad Litem’s schedule. Unfortunately, because Attorney Ad Litems are court-appointed, the court has little insight into their current workload. Additionally, since Attorney Ad Litems typically don’t earn much from these cases, your case may not be their top priority.
However, rest assured that we do our best to follow up and push for progress. If delays become excessive, we can petition the court to appoint a different Attorney Ad Litem, although this is rare.
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Disclaimer: The content of this website is for informational purposes only and should not be construed as legal advice and should not be acted upon without consulting a qualified probate attorney.
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