Can an executor handle all probate work without an attorney?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can an executor handle all probate work without an attorney?

Seems simple – there is no debt, investments, IRA or other retirement. 2 adult children who both agree. Will names them as co-executors. Illinois resident. Home value of $110K, no mortgage. $30K cash. No car, no other assets at all. So, file the will, ask court to name executors, notify heirs stated in will, publish notice in paper, take inventory, open estate checking account, pay any bills, sell house, pay any heirs per what the will directs. There are a number of forms to use, but they seem somewhat straightforward. Why is an attorney needed?

Asked on February 6, 2013 under Estate Planning, Illinois

Answers:

Victor Waid / Law Office of Victor Waid

Answered 10 years ago | Contributor

The attorney is a professional who specializes in probate matters and is the professional guide in the system of law. The representation is more than filling out forms and checking boxes; the forms must be completed correctly and the correct boxes checked; mistakes can be costly in money and time, and you, if you are the executor, have fiduciary responsibilities and duties to the estate and the beneficiaries;  beneficiaries have the right to sue you as the executor of the estate if you do anything incorrectly, violate your fiduciary duties to the estate or them. It is a foolish move on your part if you want to act as an executor without the guidance of a good probate attorney. I see problems in court all of the time where people try to represent estates and do not know what they are doing.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption