If my wife passed away, do we need a lawyer to handle the Will or can we just file ourselves at the courthouse?

Asked on January 6, 2013 under Estate Planning, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes. you can file the Will in court and open up probate yourself. Many states have the steps to follow online. However, depending on the size of the estate and the exact nature of the assets in it, you may want to hire an attorney to do this for you. At the very least, you may just want to consult with a probate attorney and get general information specific to your state/situation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.