What is Probate? Do I Need an Attorney?

Most people come to learn of probate court at an unfortunate time in their lives– after a loved one has died.  Generally speaking, one should only seek to open an estate in probate if the decedent (i.e. your loved one who has passed away) either (1) owned real estate or (2) had assets that exceed $100,000 in value.  If either of these circumstances exists, then you should hire a probate attorney to open the estate.

The purpose of opening a probate estate is to obtain letters of office, which serves as a court order authorizing you as the administrator of the estate.  Upon obtaining letters of office, the administrator has a broad scope of authority to operate within in order to manage and dispose of the estate – this includes, the authority to lease or sell property, to respond to creditor claims, etc.

The road to probate court is not one that should be handled pro se as it is a technical process that requires strict adherence to the statute.  Please contact us to learn how the Hall Legal Agency may be of assistance.