Do You Need A Probate Lawyer

A Well, the simple answer to this question is no! If the estate of the deceased is not overly complex and you are prepared to do some research as well as put in the time and effort necessary to probate the estate, then you should be able to complete the probate on your own accord. In fact, many people actually probate estates without engaging a lawyer. A large number also engage lawyers merely to watch over their shoulder as they go through the process.

However, because one little mistake could set an executor back months, the vast majority of people tend to engage lawyers for the purpose of assisting them with the probate process. An experienced lawyer will immediately know what needs to be done to probate an estate, will have come across pretty much every conceivable problem that could arise in the probate process and will be able to ensure that all the boxes are ticked and that there will be no unnecessary delays in the process arising from the executor’s inexperience.
If having read this book and done all the necessary research, you feel confident enough to take on the process alone, you are perfectly free to do so. However, if you are in any doubt as to what needs to be done, whether before or during the process, we recommend that you contact a lawyer. A wrong decision or a misunderstanding on your part could cause major delays in the process, as well as exposing you to actions for negligence if the wrongdoing on your part caused a loss to the estate.

As such, while it’s not necessary to engage a lawyer, it can often be very beneficial in terms of ensuring a smooth and quick winding up of the estate and protecting you from allegations and claims of wrongdoings.

The final decision is of course yours to make!


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Executors Guide to Probate

How To Probate An Estate - A Step-By-Step Guide for Executors


This book is essential reading for anyone contemplating acting as an executor of someone’s estate! Learn about the various stages of probate and what an executor needs to do at each stage to successfully navigate his way through to closing the estate and distributing the deceased’s assets.

Published December 2010

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