is it possible to execute probate without a lawyer.

UPDATED: Oct 1, 2022

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is it possible to execute probate without a lawyer.

My mother passed away without a will. She owned a small parcel of land that
remains in her name. How do we transfer that ownership to myself and my

Asked on November 4, 2017 under Estate Planning, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

I am so sorry for your loss.  Yes, there is no law that requires you to hire an attorney for probate in CA. It is just suggested to help you with the intricacies that they are familiar with.  I will give you a few links.  One of you has to be appointed as the Personal Representative of the estate to transfer the property to all of you via Executor's Deed.  I would strongly suggest that you ask an attorney to prepare the deed (possibly on a flat rate fee) and help with the filing. California has a simplified process for the trasnfer of land worth under a certain amount ($20,000 to $150,000).  Good luck.

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 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.

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