How to handle probate without an attorney
A daunting process, but it is certainly possible in many cases
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Handling the probate of a will without an attorney can be a daunting process, but it is certainly possible in many cases. Probate is the legal process of settling a deceased person's estate, which typically involves validating the will, identifying and appraising assets, paying debts and taxes, and distributing assets to beneficiaries. While seeking legal counsel is advisable for complex or contested estates, there are situations where handling probate yourself is both practical and cost-effective. In this guide, we will walk you through the process of handling probate without an attorney, with a general overview applicable to various U.S. states.
1. Understand the Basics:
Before diving into the probate process, it's essential to understand the basics of probate law in your state. Each state has specific probate rules and procedures, so familiarize yourself with your state's laws by consulting official state websites, statutes, or legal resources.
2. Determine if Probate is Necessary:
Some assets may pass outside of probate, such as assets held in joint tenancy, assets with designated beneficiaries (e.g., life insurance policies, retirement accounts), and assets held in trust. Identify which assets are subject to probate and which aren't.
3. Obtain the Will:
Locate the original will. If the deceased had an attorney, contact them to see if they have a copy. The will is a crucial document, as it outlines the deceased's wishes and appoints an executor (or personal representative) to administer the estate.