If our dad died last week and left a Will, do we need a lawyer to probate his estateor can we do ourselves?

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If our dad died last week and left a Will, do we need a lawyer to probate his estateor can we do ourselves?

Asked on August 16, 2010 under Estate Planning, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I am sorry for your loss.  Generally you do not need an attorney to probate a Last Will and Testament, but it does make things easier and go more quickly if you have someone that knows how to navigate the waters so to speak, during this difficult time.  There are notice requirements and service requirements and filing requirements, etc., etc., etc.  I must say that based upon my own past dealings the clerks that work in the probate courts, while they can not give legal advice, are some of the most helpful around.  They are very understanding of the sensitive nature of the area of the law that they are dealing with and very knowledgeable on how to proceed.  Good luck.


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