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Can I file probate without a lawyer?

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oc1997

Junior Member
What is the name of your state (only U.S. law)? ID

My grandmother passed away nearly 2 years ago. She wrote a will and designated that myself and my uncle be the co-executors of the estate.
We are at the point that we would like to get the estate taken care of.
Due to money constraints we do not have much money to spend on a lawyer at this time.
I am trying to find out if I can file the probate with the courts to designate us as the personal represantitives so that we can move forward. I beleive that I need to file formal probate as there is real estate involved.
I did a free consultation with an attorney and he said I had to have a lawyer but I have heard otherwise.
Can anyone tell me if this is possible?
Thanks in advance
 


anteater

Senior Member
The only state that I am aware of that absolutely requires retention of an attorney by statute is Florida. In other states, court rules might require it - and, in at least some of those, it depends upon the situation. I would suggest that you call the local probate court to ask.

That said... The attorney representing the executor(s) is generally paid from estate assets. And, if the attorney is comfortable that there are sufficient estate assets to get paid, the attorney might not even ask for a retainer upfront.

If you aren't required to retain an attorney and you feel you can handle, go for it. But, you might consider retaining an attorney strictly on an hourly basis to assist with some of the rough spots.
 

oc1997

Junior Member
What is the value of the estate? What kind of assets are involved?
Only assests involved are her home which is worth somewhere in the neighborhood of 180,000
The only other assets would be the home furnishings and such.
I know that I have to file formal probate but I want to try and do this by ourselves without paying a lawyer.
 

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