No, you don’t need a lawyer to probate a will in California, but it can be a good idea. This process is sometimes called “pro se” probate.
When to consider a lawyer
• Complex estate: If the estate is complicated, a lawyer can help you avoid mistakes and delays.
• Family disagreements: A lawyer can help avoid disagreements among family members.
• Unfamiliar with legal process: Probate involves specific paperwork, court deadlines, and various legal responsibilities.
When you might not need a lawyer
• You are the sole beneficiary
• The decedent’s property consists of common assets
• The Will is simple and straightforward
• You have access to good Self Service materials
Benefits of hiring a lawyer
• Save time
• Remove the risk of making an error when you file court documents
• Take advantage of a professional’s experience working with probate judges
• Get expert advice regarding estate management
This an opinion column and should not be construed as legal advice in any way.