While it’s not legally required to have an attorney as an estate goes through probate, it is often recommended. Whether you have just lost a spouse or a parent, believe you may be entitled to a part of an estate, or find yourself as the executor of a family member’s estate, you could probably use some help.
It is often a challenge to know where to start in the probate process, and maybe you’re unsure of what questions to ask or whom to ask. That’s where legal guidance can be especially helpful through the probate process.
Handling Probate Without an Attorney
Not every estate requires a lawyer as some estates are straightforward. If the estate is small and has few assets, and there are no disputes, you may be able to navigate probate without an attorney.
If your loved one had a well-structured estate plan – perhaps with most assets held in a living trust, jointly owned accounts, or retirement accounts with clear beneficiary designations – then the probate process may be relatively simple. In those situations, you may be able to move forward on your own with a little research and careful organization.
When Legal Help Is a Smart Idea
That said, probate can quickly get complicated and there are certain situations that make hiring a lawyer advisable.
Estates with significant assets, businesses, or real estate holdings often require the expertise of an attorney as
probate usually involves complex legal procedures and paperwork. And the probate process generally lasts between 6 months to 1 year – complicated estates or situations where there are family disputes can take even longer.
If the deceased did not have a will, known as intestate, the court will determine how assets are distributed according to state laws, which can lead to complications.
If a will is contested or there are disputes among beneficiaries, an attorney can help resolve those disputes and keep the process moving forward.
Additionally, if the estate includes out-of-state property, managing legal requirements across multiple jurisdictions can become challenging without professional guidance.
An attorney is also essential if the will contains unclear or ambiguous language, as any uncertainty may lead to legal disputes over the deceased’s true intentions.
Just know that errors during the probate process can cause delays, drive up costs, and even create legal liability for the executor or administrator. Having the right legal guidance helps you avoid those pitfalls.
Why the Right Help Can Make All the Difference
Probate doesn’t always require a lawyer – but it always requires care. If you’re unsure about whether you need legal help, an attorney can guide you through the process, ensuring compliance with state laws and deadlines – freeing you to focus on other matters.
At HH&J, we offer a free consultation so you can explore your options and move forward with confidence. We’re here to help you get through the process with clarity, compassion, and efficiency. Let’s talk about how to protect what matters and ease the burden for the people you love.