Can You Probate a Will Without a Lawyer?
The probating of a will is the legal process in which a person's last will and testament is taken before a probate court to determine if the will is valid. In general, there is no requirement that you obtain an attorney to probate a will. However, probate rules differ from state to state and are often complicated, so you should talk to a lawyer in your area.
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Before Probate
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A person who creates a will can change it at any time as long as she remains of sound mind. While some states have registers of wills that can keep a will safe until it is needed, a person does not need to file a will with the probate office. When the person dies, anyone who has a will or a copy of it can bring the will before the probate court.
Probating a Will
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Once a person who makes a will, called either a testator or a testatrix, dies, the will must generally be brought before the probate court in the county where the person lived or where the person owned property. The probate judge then determines if the will is valid. If there is no will, you must still go before the probate court to open the case before estate property can be given to new owners.
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People
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Typically, the testarix's will names a person or organization whom she wanted to act as executor. The executor, sometimes called a personal representative, is the person who handles the estate property and gives it to new owners. There is no requirements that the executor has to be an attorney, but that is often the case. Alternately, a testatrix can name an executor and the executor can hire an attorney to help with the probate process.
Attorneys
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While some simple estates can be handled by non-attorneys, an experienced probate lawyer is usually needed for anything that involves more complicated estates or probate procedures. Neither the probate court nor the courthouse employees can offer you legal advice if you decide to probate a will yourself, and you'll have to rely upon your own knowledge of the law and courtroom procedures to effectively probate the will.
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References
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