Can you open a probate case without an attorney?

Answer 1

No, any individual may handle an estate without a lawyer if he or she is able to. Lawyers are retained if the executor or administrator needs legal advice on idividual issues. Many different laws govern proper administration of an estate. Retaining lawyers is usually helpful but not necessary.

Answer 2

Generally, yes. If the decedent owned any property the estate must be probated in order for title to pass to the heirs. You should seek the advice of an attorney who specializes in probate. The probate court will appoint a fiduciary who will be given the power to act in the name of the decedent to close bank accounts, make insurance claims and sell property, if necessary. If the decedent left a will an executor will be appointed and they will be required to follow the provisions of the will. If there is no will an administrator will be appointed and the property will be distributed according to state laws of intestacy. One of the the first tasks of the fiduciary will be to publish notice of the death in order that creditors can make a claim for any unpaid debts.

Answer 3

Yes. You can probate an estate without a lawyer. Whether you do it properly depends on your level of legal expertise and the complexity of the estate. You should be aware that you must petition the probate court to be appointed the executor if there is a will and you were named or if no executor was named. You must petition to be appointed the administrator if there is no will. Procedures vary in different states. Most state probate courts have an expedited process for small estates that can be quite easily done without an attorney. However, if the estate holds real property and different types of accounts, and there are debts to pay, then you should be aware of personal liability.

Generally, once appointed you must settle the estate according to the provisions in the will and/or according to the state probate code and the state laws of intestacy under the supervision of the court. The debts of the decedent must be paid first according to a statutory scheme of priority and the remaining assets must be distributed according to law. Any errors made by lack of expertise, mistake or by mishandling by the estate representative will result in personal liability.

You should consult with an attorney who can review your situation and explain your options.

Answer 4

No. It is not necessary to carry probate on every estate. Genereally the financial institution that is holding a deceased persons money will tell you what they need in order to release the money. If however there is a property owned solely by the deceased then probate would be required in order to sell or transfer ownership of the property.

Answer 5

No. If it's a small estate you may be able to do it on your own. However, it's a very serious legal responsibility and if you make any mistakes regarding the estate you will be responsible for correcting them at your own expense. You must also make certain you follow the law regarding estate administration in your jurisdiction. If the estate contains real property you should consult with an attorney.

No. If it's a small estate you may be able to do it on your own. However, it's a very serious legal responsibility and if you make any mistakes regarding the estate you will be responsible for correcting them at your own expense. You must also make certain you follow the law regarding estate administration in your jurisdiction. If the estate contains real property you should consult with an attorney.

No. If it's a small estate you may be able to do it on your own. However, it's a very serious legal responsibility and if you make any mistakes regarding the estate you will be responsible for correcting them at your own expense. You must also make certain you follow the law regarding estate administration in your jurisdiction. If the estate contains real property you should consult with an attorney.

No. If it's a small estate you may be able to do it on your own. However, it's a very serious legal responsibility and if you make any mistakes regarding the estate you will be responsible for correcting them at your own expense. You must also make certain you follow the law regarding estate administration in your jurisdiction. If the estate contains real property you should consult with an attorney.

Answer 6

Yes but you should have a good idea of the probate process works since you will be personally responsible for handling the estate. If you cause any waste or do not follow the law regarding debts and distribution you will be personally liable.

Yes but you should have a good idea of the probate process works since you will be personally responsible for handling the estate. If you cause any waste or do not follow the law regarding debts and distribution you will be personally liable.

Yes but you should have a good idea of the probate process works since you will be personally responsible for handling the estate. If you cause any waste or do not follow the law regarding debts and distribution you will be personally liable.

Yes but you should have a good idea of the probate process works since you will be personally responsible for handling the estate. If you cause any waste or do not follow the law regarding debts and distribution you will be personally liable.

Answer 7

No. If it's a small estate you may be able to do it on your own. However, it's a very serious legal responsibility and if you make any mistakes regarding the estate you will be responsible for correcting them at your own expense. You must also make certain you follow the law regarding estate administration in your jurisdiction. If the estate contains real property you should consult with an attorney.

Answer 8

Yes but you should have a good idea of the probate process works since you will be personally responsible for handling the estate. If you cause any waste or do not follow the law regarding debts and distribution you will be personally liable.