How to Probate WITHOUT an Attorney or Lawyer

Probate without Attorney Lawyer

Probate is the legal process that courts use to implement a deceased person's will, distribute assets to beneficiaries and pay any outstanding debts.

Many people hear the term probate and break out in a sweat imagining a high cost attorney or lawyer, a lengthy time in court and difficult paperwork to file. However, the truth is that the probate process can be completed for many estates (even highly valued ones) without using the services of an attorney.

The executor of the deceased person's will can complete the process of probate of a simple or complex estate without a lawyer if he or she has the time, is detail oriented and patient. Attorney fees will therefore not have to be paid.

Even though each county has it's own procedures, follow these typical steps to complete the process of probate without a lawyer.

Things You'll Need

• Local probate procedures and forms
• See "Resources" below for a SIMPLE step-by-step guide to successfully ADMINISTER and close an ESTATE.

Instructions

1. ~ Research Local Probate Procedures and Requirements ~

   The probate process must be completed in the county the deceased person resided in. The executor can research the county's probate requirements online or by calling the appropriate county office. This research can be completed without an attorney or lawyer.

2. ~ Prepare for the Unexpected ~

   If all goes well, the probate process basically consists of filing the correct paperwork at the right times at the right places. However, sometimes problems do arise which will require the services of a probate attorney.

   It is best to be prepared by researching and choosing a probate lawyer before possibly running into problems. Probate attorneys can be researched through recommendation of friends/family or an attorney referral service. Most lawyers will provide a free consultation providing basic service and cost information.

   Keep in mind they will probably use subtle scare tactics to try to convince you to hire them and not attempt probate alone. Pick the attorney you think is most suitable and keep their number handy. If it turns out you do need an attorney's services, the choice will have been made.

3. ~ File the Paperwork with the County Probate Court ~

   A time is scheduled with the county probate court and the executor appears in court and files the following paperwork:

   * The original will which will become public record.
   * Inventory and value of property owned by decedent at time of death
   * List of all outstanding debts and taxes of deceased
   * Beneficiary current contact information
   * Verification of executor form

   Any court filing fees are paid at this time. This step can be done without an attorney or lawyer.

4. ~ Publish Written Notice ~

   Once the paperwork is filed, The executor must publish a probate notice in a newspaper within the county of the probate court. The notice tells any creditors and the general public of the estate and the requirements to file a written claim against the estate assets.

   Each county has specific rules to follow for this notice. The cost to publish this notice is paid when inserted.

5. ~ Wait for Specified Time ~

   At a minimum, the probate case will be open for 6 months. During this time, any creditors or other parties who believe they have a claim on the decedent's estate assets will come forward. If any claims (other than minor ones) are made on the estate, the probate attorney or lawyer located in step 2 should be contacted.

6. ~ Final Closing of Probate ~

   Once all of the decedent's taxes, debts, claims and applicable fees are paid (or determined to be non-existent) and the required time has passed, the court will close probate and the remaining property is disbursed to the beneficiaries. The beneficiaries who receive the assets can be assured that there are no competing claims against the property. The entire process can be completed without an attorney or lawyer.

   See "Resources" below for a SIMPLE step-by-step guide for family members, personal representatives and EXECUTORS to successfully administer and close an estate. All related TAX, legal, PROBATE and financial topics are covered

Tips & Warnings

• Each county has a minimum estate value which requires the probate process. If the decedent's assets are lower than this amount, a streamlined probate is available which can be completed by filing the appropriate forms. Check the county's requirements.

Resources

• A SIMPLE guide for family members and EXECUTORS to successfully administer and CLOSE AN ESTATE ~ including TAX, legal and PROBATE topics ~ Available for eReaders, tablets, phones and other devices
• ~~ KINDLE Version of Guide ~~
• ~~~PAPERBACK Version of above~~~