Legal practice in the probate court is restricted by law to attorneys who are licensed by the Ohio Supreme Court. If an individual wishes to handle his or her own case he or she may do so; however, they may not represent others. Due to the complexity of the law and the desire to avoid costly errors many individuals who have filings before the court choose to be represented by an attorney.
Do I have to get an attorney for probate court?
Deputy clerks of the probate court are prevented by law from practicing law, and, therefore, are limited in the amount of advice they are permitted to give to the public.
If your mother left a will naming you as executor then you assume the responsibility of a fiduciary not only to the estate but also to the other beneficiaries, including your siblings. This responsibility is a significant one which could subject you to personal liability in the event that mistakes are made under your watch. If one of your other siblings is named executor then it is their decision as to whether they wish to hire counsel to assist them in carrying out their fiduciary responsibilities.
The attorneys’ fees incurred during an administration of an estate are paid out of the estate proceeds and typically will not exceed two or three percent of the gross value of the estate. Therefore the small expense that the estate will assume is well worth the knowledge that the law will be followed and that the interests of the beneficiaries will be adequately protected. So, before you embark on a journey you may regret I would suggest you contact competent legal counsel to discuss your case and the complexities of the probate process.
If you have to take an estate through the probate process and need some help figuring it out, give me a call and I can help
By: Robert J. DiCello