Probate a Will - No Lawyer

12 Oct 2023 · 1 min

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1:01

In this instructional video, Jerry Taylor explains how an individual can probate a will without hiring an attorney. He begins by clarifying that a will must go through probate to be legally enforceable, but a lawyer is not always required. The video walks through the key steps for a self‑appointed executor: confirming you are named as executor, notifying the probate court of the decedent’s death, and filing a probate petition. The petition typically must be accompanied by a death certificate, the original will, and, in many states, a list of known heirs and assets. Taylor notes that while using a lawyer can simplify the process, the outlined steps enable a determined person to complete probate on their own.

Chapters

Here's how you probate a will without a lawyer. As I've told you several times, if someone in your family dies with a will, for that will to be legally enforceable, it must go through the probate process. So the next question you might ask is, do I have to have a lawyer to do that? And the answer to that question is, in many places in this country, no, you do not need a lawyer. But I will tell you, although you'll have to pay that lawyer, it will be much easier to do this with a lawyer. But if you're determined to do it on your own, then this video will help. First, look to see if you have been named the executor in the will. If you have, then you will probably be the one appointed by the court to run things. The first thing to do is to let the court know that this person has died. The way you do this is to submit a probate petition form. That's what it's usually called. You can probably find it online, and if you can't, call the probate court. That petition needs to be submitted along with a death certificate and the original copy of the will in most states. You may also have to identify any heirs that you know of and assets that you know of.