Attorney for Probate

The question I get a lot of time is, "do I need to hire an attorney to help me with a probate".  The answer is: yes.  You typically do.  Not because it is that complicated, it tends to become overwhelming for the executor that was appointed.  Often times, they've got their own lives, they're working, they've got family, sometimes they're out of state.  You can do most of the work with probate through the mail, but it becomes complicated because you're trying to track down assets.  You're trying to get the appropriate documents over to that institution to get the information.  You need to make sure you file notice to creditors; do you know how to do that properly?  Do you when the time starts running?  Do you know when it starts to end?  Do you know when you can start distributing money?  Do you know when you can't?  So there's ins and outs of the probate procedure that the typical executor that's appointed is not going to know.  You can ask the clerk at the probates court but they're not permitted to give you legal advice.  They can only give you procedural advice, so you're stuck on, "what do I do".  I have had many clients come to me in the middle of trying to do it themselves and say, "take it; i just can't do it anymore".  So the answer is: yes. It'll go much quicker and smoother if you have legal counsel assisting you.