Can a Will be entered into probate without an attorney?

UPDATED: Dec 27, 2011

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Can a Will be entered into probate without an attorney?

My moms Will is quite clear and with no complications; her estate was willed to my brother and I. Can my brother and I file this Will in probate without an attorney? We are both on Social Security disability.

Asked on December 27, 2011 under Estate Planning, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There is no requirement that the probate process concerning a valid Will needs to be overseen by an attorney. There are online forms in many states that you can review to assist you in the filing of the probate process concerning your mother's Will.

You need to attach the original Will to the initial petition to begin the probate process. For further assistance you can consult with an Wills and trust attorney off and on as need be concerning creditor's claims, paying claimants, getting tax returns filed as well as the initial inventory.

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 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.

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