How To Complete A Probate WITHOUT An Attorney 

I can't believe I did all these myself and English is not my native language. I googled through everything and calling court every week. Now I am in the last step to settle the account with accounting department.

so basically, the state wants to make it so hard they will beable to keep all our inheritance. Sounds about right

I have been named executor and think that this lawyer's description of the work involved is correct. BUT (and here's the qualifier), some of the labor this lawyer describes (e.g. writing the inventory) the executor will have to do anyway, even if he/she *does* hire an attorney, since the attorney will ask them for the information, which will have to be written up and sent in. Also, although there are a lot of forms, etc., etc. (all of which attorneys have in boiler plate and simply fill in), many people die every day, and the system chugs along. So, yes, it is very, very complicated, but then again - it might not be. It depends on the particular case. When my mother died (without a will and without assets), I got myself named administrator (which meant getting my siblings to sign off on a form as to my being administrator), got the letters or certificates (each for every task: closing her bank account, her mail, doing her final taxes, etc.). My final inventory submitted to the court was hand written by me. The court accepted it, of course. They're not going to be stupid about an estate valued at about 8,000. Getting an estate tax ID is also easy: again, think of how many people die every day. What is NOT easy, however, is coordinating all of these legal steps with the practical steps of (1) finding and collecting personal information, (2) keeping up the property (if any) and paying the bills that need to be paid (house insurance, e.g.), (3) getting rid of furniture, etc., etc., all of which labor follows on (4) having the funeral, etc., etc. There is a grey area that everyone ignores, when you are not yet formally executor/administrator and so have no right to enter the property and yet HAVE to do so in order to find the will, find the bills, collect the mail, take care of the pets (if any), get rid of rotting food, etc. I have watched a million youtubes on being executor and have not yet seen a single one that actually describes the JOINT process, legal and practical, in any really useful way and without technical language. This is not a light task. It is a full time job.

One question: WHY is it so difficult? Because the process has not been automated. 1. A Basic online interview could route people to one of 15 tracks. 2. Each track would have hyperlink on legal words for definitions. 3. Each form would have an example, instructions, community feedback. Etc. TurboTax handles complexity. Why can’t a software firm do the same for probate in 50 states?

All or most probate cases are available to the public. If you’ve never dealt with the court system nor prepared any legal documentation then ask the law library folk to help you. The fees charged on top of the standard or customary percentage set by the state (Calif.) are absurd- my meeting yesterday the attorney wanted $92,600!for an estate that had a value of less than $500,000! I’m sorry but I would rather spend 2 years getting it right than to pay an attorney nearly $100k for the work I’ll be able to get right…. Eventually!

I didn't need an attorney to probate my mother's (or father's) estate. Yes they had wills. They had no real estate by then. Mom was in a nursing home at the end so most possessions were given away by then. When my dad was alive we reviewed every single account of theirs and assigned direct beneficiaries (transfer on death) . The beneficiaries were my sisters and I. Every account was covered. All I did was order several death certificates and presented them to each institution and the money was directly distributed to each beneficiary. I didn't even have to open any estate accounts or divide up money or distribute it. The beneficiaries on accounts overrides the will. Extremely easy. No need for a trust. No need for a lawyer. Great advice I got from a lawyer when I was in Maryland. Also when Dad passed first, his money (half of their total wealth) went directly to we his children. So the nursing home couldn't get any of that if Mom had run out of her half (which she didn't but could have). And we got it earlier than if he had left it to her and we used it for airfare to visit Mom and stuff like that. Did my Aunt's the same.

keep in mind most attorneys are not of an integrity filled foundation

I THINK HEs trying to make u not want to do it and get an attorney to be honest the way he is speaking

U talked me out of trying this processes myself about 2 minutes into your extremely informative video! Thanks!

Thank you for posting. I was researching and discovered your video and I can’t afford to pay $4000 for probate attorney

My mother signed her will not too long before she passed away. The major asset she had was a home. The lawyer was supposed to pass the deed to the house into an irrevocable trust. The paperwork was signed but the deed was not transferred into the trust in time before my mother passed away. So now we have to go through the probate process in NYC. I am listed in the will as the executor as well as a beneficiary and there are 3 other beneficiaries listed in the will, one of which is my underage nephew. I have no desire to even try to initiate probate on my own because I want full transparency and no issues later on. This same lawyer who drafted the will is now stating they bill hourly for the probate process and overall it will cost between 10k up to 25k. This doesn't even include excess fees like fedex'ing documents to beneficiaries etc. The lawyer stated if I was taking a salary as an executor even to calculate that it is an extra charge. I think 25k for a case where the only major asset is a house is kind of excessive. Am I wrong.

At 18:00 you talk about executor "Having to do it themselves". I am one of these. Why? Because of my love for my brother. After three years and total assets of less than $5000. I can tell you that the states amount that I can claim for being Executor, that it is the HARDEST $220. that I have EVER made.

As a single senior, I have prepared all my documents and the law firm I used would be glad to probate on my account, not so fast. At $2,000 retainer fee and $800 an hour they will create a hefty $$ bill. So I have instructed my executor to slowly tackle each phase of probate and Do Not Rush, wait two years before starting and make good use of her college grad nieces for help. All heirship awards are beneficiary assigned. Lawyers are in business too make money first everything else is secondary with do call me will call you attitude or it will cost you more money.

I didn't have to get a Registered Agent when I was the executor of my parents' Virginia estates (I'm an NC resident) but I did have to be BONDED since I wasn't a local resident. It was a yearly cost, about $1500 per year, or part thereof, for each estate, until probate closed. I was dashing to get the last one tidied up within a year, to avoid the 2nd year premium. Not so lucky with the first one.

Welp 12 minutes in and listening to the months of rejections and refiling I think I need to start saving my money 😭😭😭

My husband and I have beneficiaries on all of our accounts that will be distributed upon our death. We have wills but probably don't need them. When our children were minors our wills had provision for a trust to be created upon our death. No need for a trust now since they are responsible adults.

Do you have to show every bill. And receipts?

Of course the lawyer is going to no encourage you to do it yourself.

I’m doing it myself. Thank you so much. I am the named executor and sole beneficiary.

I am hopefully at the end of my probate case. My attorney has done some questionable things. It has made me question his integrity. My attorney is recommending I negotiate with a previous attorney's firm that worked the previous client who was found not the heir and the will was invalid in the state of Florida. I am the heir and its proven and I am the current PR. So my attorney wants me to settle the claim with this firm who has an invoice but has no engagement letter? So settling with the firm who did not at check to see if the person he was working was the rightful heir and on top of that the will that he had was invalid and there is an invoice but no engagement letter. Do I have to settle this claim for the sake of closing this case with this firm? (There were no creditors that made a claim on the estate, but because the firm was a part of the old and previous estate, my attorney had to look into it but again he wants me to settle with the firm after the aforementioned was discovered.

Not very helpful. It appears that your goal is talk people into using a lawyer. My experience is that a lawyer adds very little value to the process.

I did successfully probate my father's will myself. Luckily I didn't see this video first otherwise I would never have tried. The procedure seems much more onerous than where I live in Canada.

This reminds me so much of Mr Roger's Neighborhood, and I can't figure out why.

Is a 401K required to go through probate? The spouse will get this I have read. Otherwise the spouse has to sign that someone else would get it.

What happens if the attorney didn’t finish the job. I never got notice that anything was happening in court, I never got a letter or a call. 12 years later I find out the thing is a mess. Oh, there was no money. The house was given to me to take care of her, and I did. I lost wages and compromised my social security benefits. I paid for everything out of my pocket. Burial, lawyer, etc. then tax collectors come looking to tax nothing.

Hi, and thanks in advance for your help. I just started a new job, but I won't have enough money to pay the probate attorney to start the LETTER OF ADMINISTRATION before the lender begins foreclosure. I'm in Washington State. Is there an easy way to do the LoA myself?

What's the timeline of all of this?

All the laws and rules are written in favor of the lawyers doing the tasks !

Is the probate process easier to "do it yourself" if the decedent basically doesn't own anything except personal belongings ("worthless clothing, figurines, basics) and under $2K in the bank? $2400 in debt to shopping networks. (2 children 1sy in lone who do not want anything from it.)

Very informative video -- well done! I do have a troubling question that I am currently facing and would love to hear your answer based on the following facts: Decedent passed away intestate. He left a young wife and one young child (three other adult children were left from a previous marriage). He married his most recent wife in Mexico to avoid having to pay an attorney for a prenuptial agreement. Apparently, in Mexico, on the date of marriage you can request that the marriage certificate contain a clause that states all marriage assets shall be deemed separate property as opposed to community property. After the marriage to his new Mexican wife, Decedent purchased a home in California as an "unmarried man". He lied when he purchase home because he purchased it as an unmarried man when he was already married. He apparently did so in an attempt to keep his home as his separate property. My question now is whether the home purchased in California by the decent during his marriage with his Mexican wife is deemed or will be deemed his "separate property" or is it or will it be deemed the marriage's "community property"? In short, does the Mexican Marriage Certificate control and determine the nature of the property even though Decedent purchased property as an unmarried man when he was actually married? Your thoughts will be greatly appreciated! Thanks, in advance, for your response!

I've done everything but one thing is holding my case up because I don't know what the clerk means by, "reference the rule and apply it." I don't understand what is being requested. Everything else was pretty easy but I don't know how to reference a rule and apply it. Do I make changes to the petition I already submitted or is there another form I need to include?

Lol, lawyers are doing one that we heirs on, and they have messed up every step of the way. Been 3 yrs and still not settled. They messed up simple stuff like getting the names right.

Not only all of this. But, what I can see is that, while trying to do it yourself, property taxes need to be paid on the deceased’s property, while you’re likely living elsewhere. In my situation, because my sibling is angry and entitled, they will not renounce executorship and will not apply for co-executorship. They want to be the sole executor, perhaps Ou s, because they’re stupid and think that doing so means they make unilateral decisions, regardless of the law. Because they’ve become a pain, I had to move forward, sans lawyer and at least write up the OSC and VC and I’ve never written up any legal documentation before.. I have a court date, as a result , but I’m now writing up the Proposed Form of Judgement. After this, I would like to hand it off to a lawyer, because I’m not interested in going through probate on my own, with a cantankerous and ignorant sibling.

if the children are disinherited in their mothers will do they still need to sign off If I sell the house if I am an executor?

why don't you pull out the forms and do a video showing how to fill them out step by step that would help so much....all you are doing is talking in circles

So I moved from Maryland to Florida and I am redoing my estate documents. I don't think I need a trust because I am homesteading the house. I will be asking the lawyer redoing the documents how to title the house with my husband and hopefully can assign our two grown children as beneficiaries after we are both gone. Most of our money is in IRAs which require direct beneficiaries and can't be placed in a trust anyway. We have a few other small financial accounts we can also assign beneficiaries. I can't see paying $5000 for a trust when I don't have hardly anything to put in it. Hopefully I can find a lawyer as good as the one I had in Maryland.

I’m currently just went through probate by myself no help no lawyer my father died 4-24-21 i was appointed personal representative I haven’t seen or spoke to him since I was 19 I’m now 28 this whole process is very difficult and overwhelming how do I find out if he had a will or life insurance I didn’t find any important papers in his home I went to his credit union they said his account was empty and no safe deposit box how do I know if he had a trust? I had to pay for his cremation out of pocket can you help me find out this information?

I will say that, the way the court-administrator is handling the probate case I’m involved in, I probably need to get them replaced. Very uncommunicative, doesn’t seem competent and I get the feeling, from the legal system, that plaintiffs need to be careful. That plaintiffs are considered whiners. Meanwhile, the defendant can sit back, maintain radio silence and the court kisses their feet, for playing dead.

How would I put an express trust on record with my state ?

All this my mom gave money in her bank and my brother me and my sister let it going to state next year so it be alot easier

basically saying if you are not in with the judges and attys, they will keep rejecting it. crooks all of them.

Yep! You talked me out of it.

How much do you typically charge for this? We might be looking at only receiving maybe $500. I'm trying to figure out if it's even worth it. No will.

Wow did you sell pitch for every attorney. An attorney will always cost more than mistakes. The atty I'M using told me he'd be paid out of the estate in the end turned around and started asking me for payment of costs or fees to even get the process started, so I'm confused and am doing nothing...for now. I don't trust him now. Giving serious thought to doing it myself.

Thank you for this excellent video. Do you know of an excellent contingency probate attorney in NJ because I'm a senior and don't have a lot of money to put up front. The will was never read, and if it was, I was not invited or notified, (for 10 years sibling has been browbeating and adamant against it), and my parent's house (paid) bank accounts and considerable stocks are involved. My parents were solvent and owed no one. Thanks for your help because I looked online and there are mainly website scammers and very few attorneys who have solid probate experience (dealing mostly with divorce, accident claims, etc.) Thanks for your help. 🙏

Have millions on the line but dnt have enough now to get a lawyer. They dnt do pro Bono as far as I know. 😢

Why do u not comment sir ? We subscribe to help u , but no help from you .. what the back !! Why do I bother? Thanks

What about survivors rights

What can I do when I dont have money to give lawyer I have the lower hand and it's not the secret I have been struggling to stay employed , having valid drivers licence is a must , riding bikes to work and anywhere else , I'm alone and working a couple days per week =1,to 2 hound. Per. Week and paying everything possible to rent driveway space, my parents passed 1yr. And 1.5 weeks ago and there will had I extremely important needs , all properties and finances and lawyers s paid all accounts are clear of debt there 2 children split equal parts no exceptions " 2 children were loved no more or less than the other and are to be rewarded the exact same to have siblings be most comfortable and helpfull for each to fofill there dreams and share wisdom for a safe and happy life to complete. But all timeing and trying to find out Where my sister is with finding she has not even mentioned that there is a brother i havent come up with her rights and I am not familliar with these cercomestances like she is. Please consider shareing crucial advise that can give me a certainty of how this could possibly alowe me to recover and colaborate professionally ? I am already very grateful for you and your straight forward knowledge . I thank you for the good you choose to do helping others ,

What a nightmare lol. I can't believe that I specialized in doing this, and now I do this for a living.... but listening to this all at once sounds overwhelming

Get to the meat. Too much detail

I'm in N.Y. - my mom died without a will in January of this year. She left three heirs behind. My cousin in the one suing me in court along with my 2 sisters. None of the parties listed on the court summons listed gets along. I'm on my own on this and I'm not exactly sure how to respond to the serve notice. How specifically do I answer a court summons without a lawyer?

This vid. is exhausting... A lot of talk for very little info. He is clearly trying to dissuade viewers!

It’s easy way to easy I did it

hes exactly right my got kicked back twice

Would you play a National football championship without a coach? To minimize penalties,the possibility of not following probate law, LAWYER UP!!!!!!!!!!!!

We 13 grandchildren, cousins, all of us getting older every day ( one just died !!!! ) have been waiting for 7 years for the country lawyer lady in Oklahoma to do the probate of the last Uncle to die,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, and it sucks more than anyone here can realize !!!!!!!!!!!!! We are still waiting, and more of us will die before this is done !!!!! God does it suck !!!!! ps.... The joke is, and some of the cousins will repeat this: Well, you know country lawyers !!!! They don't really like to work !!!! ( not funny at all !!! )

We have to recognize the manipulation in his voice as he's telling you how this is done. He may be correct, but when you speak like this with exhaustion. Instead of getting directly to the point we gotta hear how hard it is how difficult things is going to be and how long it's going to take. These are ways of making people want to give up before they even try. What happens if you just live in the house and you never go to probate court. You leave the house in your deceased parent's name and that's that. I guess you could never sell the house. And I guess the house will stay in your family forever as long as you pay the tax now generations after you can also live in the house.

P.O.D. accounts circumvent probate.

Not going attempt DIY

O mercy what if the executor has died?

Damm definitely not for me to much

I love Paul's channel. Reading the horror stories and the cheaters and crooks in people's families would be hysterical if it were not so horrible. This is February 2021........... and now I really do understand how my fellow Americans could, would, and did CHEAT CHEAT CHEAT when they counted the votes. My God. I give up.

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