Who Gets To Choose The Attorney When Someone Dies?

January 1, 2010 James W. Martin; updated August 11, 2026

It is a common misconception that when a Florida resident dies the attorney who drafted the will must be hired to probate the estate. This goes along with the misconception that the attorney represents “the estate”.

The reality in Florida is that the attorney represents the personal representative and not the estate and not the beneficiaries. Therefore, it is up to the personal representative to choose the attorney to represent and advise the personal representative.

 ”The selection of the attorney is made at the discretion of the personal representative, who is not required to select the attorney who prepared the will.” Florida Statutes Section 733.6171(2)(b)

The same thing applies to living trusts. It’s the successor trustee who has the right to choose the attorney to represent and advise the trustee.

Of course, the estate and trust beneficiaries have the right to choose their own attorneys, and they should do so because they have rights and duties under the Florida Probate Code and the Florida Trust Code and need the advice of a Florida probate and trust lawyer.

So, as it turns out, the attorney who drafted the will or trust will no longer have a client when his client dies, unless the personal representative or trustee chooses to hire that lawyer.