Can I Do Probate Court By Myself?

One of the first questions most every person asks when faced with a legal challenge or pursuing a legal goal is, “Do I need a lawyer for this?” No one loves the thought of the potential expense of working with a lawyer, but, while not every legal issue requires retaining a lawyer (e.g. paying a parking ticket or filing your taxes), attempting to go it alone in probate court without the assistance of an attorney is generally not recommended. As the California probate courts themselves admit, “dealing with the courts and the property of someone who has died is very complicated.” Below, we take a look at some of the factors that make probate court so complicated, and how contingency pricing can make working with a lawyer possible even if you do not have the upfront funds for an attorney.

The Challenges of Probate Court

Whether you are the person who initiates a probate court proceeding (the “petitioner”) or another interested party in the proceeding, you will face complicated legal procedures as well as challenging and complex financial, legal, and other technical evidence and rules in pursuing your rights. Such challenges can include:

• Properly petitioning the court with your concerns and issues
• Providing adequate legal notice to all interested parties and/or responding properly to notices
• Investigating whether factual grounds exist to challenge the legal adequacy or authenticity of a will or other estate planning document, including the existence of undue influence
• Developing legal strategies and arguments to the court based on state probate, trusts, and estates law and presenting those arguments to the court in written and oral submissions
• Identifying and locating property, including complicated financial assets
• Taking legal steps (including filing requests for injunctions) to prevent other parties from dissipating, damaging, hiding, or otherwise harming your interests in property

By working with an experienced probate attorney, you can count on that attorney’s vast experience in advancing all these issues on your behalf.

Work with an Inheritance Recovery Attorney on Contingency Pricing

Because we understand that many people who have legitimate issues to pursue in probate court, which can have enormous financial impacts on their lives, but do not always have the funds to hire a lawyer, the Inheritance Recovery Attorneys in Southern California offer contingency pricing on will contest matters. What this means is that, if we determine there are suitable grounds to proceed in representing you, we will collect no legal fee unless and until we win on your behalf.

At The Inheritance Recovery Attorneys, we have extensive experience in understanding and litigating the nuances and complexities of California probate code, and we have spent countless hours spent in the courtroom aggressively fighting on behalf of our clients. Contact one of the dedicated team members at The Inheritance Recovery Attorneys to see how we can help you in getting the recovery you deserve in your probate or trust matter.