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Quick Probate Question?: in pro per... later add an Attorney?

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calicode

Junior Member
What is the name of your state? CALIFORNIA

Hello,
I'm wondering.... if you start Probate procedings (i.e. file Petition for Probate) "in pro per", and you later determine it is just too much for you to handle, and hire an Attorney to finish the procedings... can you just "add the Attorney" to the proceding... or does the Petition need to be filed again? Is there anything else i'm not aware of that could be an issue?

Thanks for the info.
(i know, regarding "Probate" i'm learning there never seems to be a quick answer... even if the question is "quick"!)
 


garrula lingua

Senior Member
1. There are some books out there which show you how to probate a simple estate in 'pro per'. Check the major bookstores or google 'probate california' or somesuch. Nolo Press has some editions on pro per Probate.
2. As long as your filing is correct, all that has to be done is a Substitution of Atty form for the Probate Court, changing the atty of record from your info to new atty's. However, you really don't want to create problems which would make the process more expensive when/if you hire an atty - your filings must be accurate and your actions appropriate regarding the executor & estate assets and debts.

Some Probate attys will give you an hour's consultation (at an hr's charge) to advise you of your problems. Call a few Probate attys and ask if they will advise you of your 'pro per' problems & how much will it cost. If an atty will do this, prepare a list of questions to ask the atty.

You must handle things properly. Go over the self-help books and rethink whether you want to do this yourself. At least educate yourself as much as possible. Consider the size of the estate, the amt of heirs, and the amt of assets & debts to assemble & resolve - are you capable of following the probate process correctly ?
 
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