Can a Will be entered into probate without an attorney?

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 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.


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