Can probate be handled without using the services of an experienced probate lawyer?
This is a similar question to the one asked by many people that decide to work for themselves:
“Can I handle my own tax returns and accounts without the services of an accountant?”
The answer to the question is also similar:
Yes, you can handle probate matters without the help of a legal professional, such as a probate lawyer, but this could cause a myriad of hassles and problems that you can probably do without.
Probate is already a complicated enough issue at times, but trying to go it alone can simply make things even more difficult. Everything in the probate process has to be just so – one simple mistake or overlooked name could set you back months.
An experienced probate lawyer will know what needs to be done from start to finish and can guide you through the process to ensure that everything is dealt with as it should be and that there are no unnecessary delays in the probate process. Most people, particularly those that have never had to deal with such matters before, may not even realise when they are overlooking a matter that is actually of crucial importance to the smooth-running of the whole process.
Dealing with probate can be made more difficult through the grief that may be involved from the death of a loved one. This can often cloud both judgement and ability, making this a particularly difficult time to decide to try and handle matters without the help of an objective and experienced professional. If you are the personal representative or executor of the will, one slip up could cost you a great deal of time and even money from your own pocket, so having as much support as possible is important.
That said, there is certainly no obligation for you to use a lawyer for the probate process, and if you feel confident then you can have a go at tackling the process alone. However, you should bear in mind that the combination of grief and unfortunately greed of some of the beneficiaries may lead to a great deal of hassles that you are not really equipped to deal with.
Even the smallest matters can create major issues and slow down the probate process considerably, making things even difficult for you and for the other people involved in the process.
So, although a lawyer is certainly not a necessity in probate cases, having someone with both experience and knowledge on your side can be invaluable in ensuring that the probate process runs as smoothly as possible, is dealt with quickly and with as little delay as possible, and that all legalities of the administration and disbursement of the will are properly covered.
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2008-04-07 12:21:18
Probate is the legal process of settling a deceased person's estate, which includes paying creditors or debts, and distributing the assets of the deceased to the correct beneficiaries. It is a complic ... [read more]