Do
I Need an Attorney For a Probate Court Proceeding?
Parties
involved in a proceeding do not necessarily require a lawyer to
represent them. Probate court forms are designed to be "user-friendly,''
and the probate clerk or judge may offer limited assistance to people
completing required forms and reports. In the case of complex estates or
complicated family matters, however, an attorney should be retained, as
explained below.
Decedent's Estates
The executor
or administrator of an estate should obtain legal assistance if:
-
extensive help is required;
-
the estate includes substantial or unusual assets, such
as a closely held business or a copyright;
-
the estate is large enough to involve the filing of a
Federal Estate Tax Return;
-
there are problems involving taxation;
-
the executor or administrator has substantial questions
concerning the law or fiduciary responsibilities; or,
-
the will or any matter in the estate is contested.
Family Matters
In the
following matters, an attorney is required for the respondent (the
person who is the subject of the proceeding):
-
guardianship, placement, and sterilization of persons
with mental retardation;
-
commitment of adults and children with psychiatric
disabilities;
-
involuntary conservatorship;
-
temporary custody or removal of guardianship for a minor
child; and,
-
termination of parental rights [legal representation is
required for both the minor child and the respondent parent(s).]
What can I expect?
The probate
courts have often been called "the people's courts" because they offer
simple, direct access to legal proceedings. Convenience and efficiency
are the hallmarks of the probate court. The majority of uncontested
matters are heard within four weeks of the time a person goes downtown
or drives to the next town to file the application. In most cases, the
probate courtroom will be a conference room in the probate court
offices. The atmosphere at the hearing is informal; the judge does not
preside from a bench or wear a black robe.
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