What Happens If I Don’t Use A Probate Attorney

When someone you love dies, the court's process to determine whether or not the will is valid and how to distribute the assets can be long and drawn out. You may wish to hire a probate attorney to help with the process, but the cost may be something to make you think twice. Before you make a decision one way or the other, stop and think about the consequences of not hiring a lawyer.

First, there are no legal consequences of not using a lawyer. There are no state or federal laws that require you to have one. So if you choose not to use one, you will not face legal consequences. However, you can be held personally liable for mistakes you might make in the process, such as failing to send a distant family member a petition or missing a deadline. This does not cause you to go to jail or be fined, but it can greatly delay the process and your ability to access your part of the estate.

Sometimes, an estate is fairly simple and the wishes of the deceased are clearly presented in the will and not really something people are likely to contest. In these instances, a probate attorney may not be necessary. The executor may be able to handle all aspects of the case as it goes through the courts.

That said there are many complications that can arise in the courts that you may not be aware of or be able to predict at the initial reading of the will. Without a lawyer, you will not know how to handle these, and some of your potential inheritance could be lost. Sometimes, tax situations or disputes, especially over past taxes, can create problems with the estate. Wording of the will that is not clear is also a potential complication. Any time there is a dispute, and you may not be aware of a potentially disgruntled relative who will step up and make a dispute, you are better off with a probate attorney. Because you cannot predict these occurrences, you may find yourself better off hiring one before it even begins.

Sometimes complications in an estate can come from its debts. If the deceased owed debts or back taxes, those debts can eat up some of your inheritance. Having a lawyer on your side can help you weed through this complication. If you do not have legal help, you could end up losing most of what you have as an inheritance. Knowing and understanding the laws could protect some of the inheritance. A probate attorney is your key to knowing those laws.

So what is the bottom line? You technically never need a probate attorney in the eyes of the law, but if the estate is large and there is a chance you could lose some of your inheritance, then you may want to consider one. Weigh your options and the amount that is at risk if you do not have one, and make an informed decision. Chances are you will find that the advice and service of a lawyer are important as you go through this long process.