Can you change attorneys?

Posted January 8, 2026

Do you have to use the attorney who drafted the will to administer the estate or can you change attorneys?

Good Question. There is no obligation for someone who begins to administer an estate in probate to use the attorney who drafted the will. Drafting the will is one legal project. Administering the estate is another project.

The person who is going to be the executor or administrator has the choice of who they want to be their lawyer. Those two are going to have to work together for several months. Part of the executor’s decision should take into account whether the beneficiaries will get along with this lawyer.

If the attorney who drafted the original will has that document in their possession, they will probably ask to represent the executor or administrator. And there’s nothing wrong with that. Your loved one trusted them to create a legal document to convey their wishes after they are gone. But there’s no obligation for another family member to hire them.

Just approach the process of selecting an attorney just like you would any other professional. Maybe the drafting attorney is the ideal person to administer the estate. Maybe someone else is a better fit.

Maybe the better question is…why is there an estate to administer in the first place? Depending on the answer to that question, maybe you do change attorneys.

Christopher Greene

Christopher M. Greene is a graduate of Denison University and Case Western Reserve University School of Law. During law school, Chris worked as a law clerk for a two northeast Ohio law firms. This background provides a strong foundation for advising clients in estate planning. Chris established his own law firm in 2016 after serving as general counsel for a family business.