Day: July 17, 2017

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.)


Probate for an uncontested will

Category : Probate FAQs

If a will is to be admitted to probate, the Executor of the will must notify all those named within a will, along with all those legally entitled to receive property from the deceased in intestate succession. This informs “them of the will and give them an opportunity to file a formal objection to admitting the will to probate.” (“What goes on in the probate of an uncontested will?” Free Advice Legal.  https://law.freeadvice.com/estate_planning/probate/probate_of_uncontested_will.htm. Retrieved 17 July 2017.) The hearing is then scheduled several weeks or months after filing.

If the court receives no objections to admitting the will to probate, and if everything seems in order, the court will approve the petition, appoint the personal representative, order that taxes and creditors be paid, and requires the personal representative to file reports with the court to assure all the deceased’s property is accounted for and distributed in accordance with the terms and conditions of the will. (“What goes on in the probate of an uncontested will?” Free Advice Legal.  https://law.freeadvice.com/estate_planning/probate/probate_of_uncontested_will.htm. Retrieved 17 July 2017.)