Do I need a lawyer for letters of testamentary? Can I do it myself?

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Do I need a lawyer for letters of testamentary? Can I do it myself?

I can’t find my sister’s original will I have a copy.
She died in North Carolina. No need to probate the will.
Thanks

Asked on April 3, 2018 under Estate Planning, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Assuming that you meet the statutory requirements to qualify as personal representative of the estate, you can seek to be qualified without having a lawyer, although retiaining an attoreny is highly advisable. Call the local Clerk of Court, Estates Division, in the county in which you intend to seek qualification; they will explain the process to you. Most Clerk of Court offices have someone in the estates department who will meet with you for an intake appointment. In simple estates, they may actually give you the forms that you’ll need or you may access those at www.nccourts.org. Note, the clerks cannot give legal advise, but are helpful. Once all documents, etc. are ready, the Clerk will swear you in and issue your Letters. Again, while you can attempt to do all of this yourself, doing it without an experienced probate attorney isn’t advisable.


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