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Probating A Will Without An Attorney Or Probate Lawyer

Author: Bharat Pindoria
by Bharat Pindoria
Posted: Jul 19, 2020

When a family member of yours passes away, there are certain procedures and legal activities that you must go through to take care of the finance and the possession that they have left behind. These steps must be followed mandatorily so that the property and the finance of your loved ones remain safe with you without any illegal activities conducted by the entities that are not authentic to have a right over that finance for the property.

But before we delve deeper into the procedure of how to probate a will, let us have an inkling of what probate and will means and how important they are.

Understanding The Importance Of Declaring A Will

The wills and testaments are legal documents that declare what you desire to do with your finance and properties once you are no longer allowed to look after them. These wishes will be carried out once you have passed away if your will was declared when you were alive. If you fail to declare a will when you still have the time then no legal procedures can help the wishes to be fulfilled. With the help of you can shape the lives of your children and make them better with your wishes.

The Significance Of Probation And Its Necessity

Whenever you are probation a will you are following the authentic and legal procedures declared by your government that allows you to look after the will that was signed by your family member that has recently passed away. The last will or testament will be taken care of under the observation of the authorities that are responsible for the probation. The value of the deceased person's assets will be determined while the probation of the will is being carried out.

The rightful heirs and members that are going to be benefited by the will or testament are already mentioned by the person who wrote it. If you are following the legal and authentic procedure then no false accusations can be entertained by anyone who decides to go against the will. Several procedures will let you probate the will. If you are not entirely certain whether you should involve a Probate Lawyer in the probation procedure, then the question remains whether you can probate a will without will and probate solicitors or not.

Is It Possible For Me To Probate A Will Without An Attorney?

You will be delighted to know that you don't need an attorney to probate a will. Since the probation of a will requires you to interact with the court, you can simply do it on your own by making the necessary provisions that will help you follow the legal procedures of probation of a will. You don't require a lawyer to interact and communicate with the court. True, certain situations might arise in which you have to acquire the support of a probate Lawyer but when it comes to probating a will you can surely do it on your own. Given below are the certain points that you need to keep in mind while probating a will on your own.

  • -Petitioning The Court To Stand As The Estate Representative

The importance of a petitioner is immense while probating a will. A petitioner plays a greatly significant role when it comes to asking the court to appoint an official representative through the procedure of probation. The petitioner further fills the legally necessary forms. But in case if you are looking after the prohibition of a will by yourself, then there are certain forms that you can fill up that includes the necessary information regarding the person who wrote the will and the one who is being benefited by it.

All you need to do is provide a valid copy of the will along with the original one for the proof. In case if you are not entirely certain about the instructions, then it is better that you opt for acquiring the service of a reliable attorney.

  • -Acquainting The Heirs (And Creditors) While Probating The Will

If the will is going to benefit more than one creditor or heir, then the court will ask you to fill out the essential forms to notify the heirs and creditors to make them acquainted to the nature of the will that is being probated. Along with that you, as the representative of the will, are responsible to be aware of the debts that the deceased was responsible for and make sure that each one of these debts is cleared. It is also important for you to know that only the assets that pass through legal probation procedure successfully are liable to pay debts. All you need to make sure is that you are certain about the people that are legally authentic to be benefited by the will.

But again, if you are not entirely sure how these processes work then you should go for obtaining the assistance of a lawyer.

  • -Legally Changing The Ownership Of Assets And Possession

If the deceased person has left behind certain assets and properties that need to be possessed by the heir, then you will be able to make the necessary changes by assigning the role of ownership of the assets that were previously owned by the person who wrote the will but is no longer alive. All you need to do is to prove that the assets that are being mentioned for the legal change of ownership were owned by the deceased person and are authentic.

And if the asset is facing certain complications when it comes to the ownership, several shares in business and royalties, etc, then it's a probability that you might find it difficult to provide the will on your own. In this case, it is wiser to find a reliable probate lawyer and make sure that this complicated change in ownership is carefully sorted out without complicating it any further.

In Conclusion, You can easily carry out the procedures that are necessary for probating a will. You can also find certain templates of forms that are precisely designed to probate a will independently without the support of will and probate solicitors.

About the Author

At Pindoria Solicitors in the UK, Bharat Pindoria is the department head with a far-sighted vision and an open-minded approach. His unwavering efforts and high expertise and experience in law have lead him to the steadfast progress of the law firm.

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Author: Bharat Pindoria

Bharat Pindoria

Member since: Jul 16, 2020
Published articles: 4

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