There is a reason why so many people go to great lengths to keep their estate out of probate. The probate process can be expensive, as well as complicated. For this reason, if you must probate a will, it is a good idea to make sure that you have an attorney to represent you.
In most cases you are going to find that it is mandatory that you have an attorney. The reason for this is that you cannot represent anyone other than yourself in a court of law without a license to practice law. When you probate a will, you are representing all of the beneficiaries named in the will.
Another reason that you need an attorney to represent you is that the procesuresinvolved in probate are quite extensive. There will be a number of forms that need to be prepared and filed, plus there will have to be negotiations and settlements with creditors, and much more.
When it comes to probate, most people dont have a lot of choice but to hire an attorney to represent the deceaseds estate. This can be expensive, but necessary. If you would like to avoid these problems with your own estate, you will want to consult an attorney experienced in estate planning. This way you can put together an estate plan that can help you avoid probate, and the extra fees and trouble associated with probating a will.
An estate plan that includes a Living Trust can reduce the likelihood that your estate will go into probate, and if there are any elements of your estate that do end up needing to go through probate, the process will be a lot simpler. An attorney can help you create a plan that keeps your most important assets out of the reach of the probate court, which has many advantages, including privacy and protection for your heirs.
Though an estate plan may be more expensive now, it will save your loved ones a lot of money and grief later.