Do I have to use a lawyer for probate?
Category : Probate FAQs
No, a lawyer is not mandatory in probate. However, it may be a good idea to hire a lawyer if the estate is complex.
A lawyer can help you meet all deadlines and avoid mistakes and delays, and can sometimes help avoid disagreements among family members over minor or major issues. But the lawyer represents the interests of the personal representative, not the beneficiaries.
You may not need a lawyer if:
- you are the sole beneficiary,
- the decedent’s property consists of common assets (like house, bank accounts, insurance, etc.)
- the will is simple and straightforward, and
- you have access to good self service materials.
(“About Probate – How to Probate a Decedent’s Estate.” The Superior Court of California – County of Santa Clara. http://www.scscourt.org/self_help/probate/property/probate_overview.shtml. Retrieved 17 July 2017.)