Legal Question in Wills and Trusts in California

Can Probate be done without Lawyer

There is a will. The only thing to do is have the 3 children's names put on the deed. Mother passed and her name is the only one on the deed of the house. Can we file the papers ourselves?

We do not want to sell at this time. What is the best way to go about this without spending a lot of money.

Thanks


Asked on 9/25/05, 11:14 am

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Can Probate be done without Lawyer

Unless the value of your mother's estate is less then $100,000, you will need to file a probate action if she didn't have a living trust. This is not a simple procedure, so I strongly recommend calling a local probate attorney for assistance with this.

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Answered on 9/25/05, 11:51 am
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Can Probate be done without Lawyer

To transfer title you will have to open probate. You may run into problems with the bond. Most bond companies will not bond you as a pro per. Secondly, probate is very technical, it's not really something you want to do without an attorney. That said, if you can get a bond, are capable for following detailed technical instructions, and have the time to do legal research, then you might be able to go at it alone.

If you have more questions, contact me at (714) 963-7543. You may also visit my website at www.pcl-law.com

Regards,

Phil Lemmons, Esq.

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Answered on 9/25/05, 11:51 am


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