re: Do you need a lawyer for probate?

quote:

---

No creditors. One heir. Everything goes to mom. It's literally the simplest probate possible.

---

I am sure that’s all true. But, the court is just supposed to take your word for it? Plenty of people would love to do that. “Nope, we didn’t have any debt, judge.” Dad would have told us if he had some secret gambling problem that would have caused him to take out loans, judge.” “Of course there was no child outside of wedlock, judge. Dad would have told us.” A judge has to know the law has been followed before signing off. There are requirements to be able to show that you have notified potential creditors and given them an opportunity to raise a claim with the estate. You very well be and most likely are a very up and up family, but there are plenty of people that would defraud creditors through death of a family member. Courts have to consider all people are the same, good and bad.

Legal Zoom probably has forms. That’s where I would check if I did it on my own. Probably cheaper than what a local probate attorney would cost unless it’s a complicated estate, but like someone else said, it may not be worth the time and effort.

If the estate is under $75k(?) and no RE you can file an affidavit for a simple succession