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re: Do you need a lawyer for probate?

Posted on 12/12/20 at 9:56 am to
Posted by go ta hell ole miss
Member since Jan 2007
13686 posts
Posted on 12/12/20 at 9:56 am to
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.
This post was edited on 12/12/20 at 9:59 am
Posted by HideChaKidz
Member since Oct 2010
7372 posts
Posted on 12/12/20 at 10:09 am to
quote:

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.


Ok this is the exact information I need. Trust me, my preferred path forward is to hire a lawyer and I've already scheduled appointments. I'm only asking this question because my mom wanted to explore this option so I'm doing this to appease her.

Thank you.
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