Saturday, May 10, 2008

Is it legal for a citizen to probate a will without a lawyer? -

In 1996 it was possible for my cousin and me to probate our aunt s will without the help of a lawyer. No one would help us, we did all the research of forms needed. Has the law changed or am I being ignored again, when I ask the question?

I dont know which country you are in but in India it is a constitutional right to represent yourself in any forum. No one can force you to engage a lawyer. Presumably this must prevail in any democratic country. No individual can probate a will; it is the competent court that grants the Probate. You can only apply for grant of probate.

It might help if you gave some information. Like where your at, are you related, are you named in the will. As it is there is no way your question can be answered.

State specific; most states you do not need an atty; and if the probate clerk accepted the will for probate and accepted you as executor, you re fine

State probate law applies. Probably legal, but maybe not too smart.

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