Probate form questions?

Question

I am filing out probate forms for my deceased father's estate. I am an only child. My mother is deceased and he had no sisters and brothers. I have no one that is going to contest this. Do I really need to waste money and hire an attorney??

I have this one form called the Acceptance of Appointment it says something about type of fiduciary can't I just sign this myself or ask a friend to sign?

Please help if you have experience with this. Thanks

Answer 1

Every state has different laws.  But if you are in CA i would strongly suggest getting a lawyer.   The forms are horrible there, and the process is worse.  THere is a fixed price that lawyers can legally charge, so you will know upfront what the fees are.

In other states it is not so bad.  Ask the probate court for help or for suggestions as to where you can get help.

Answer 2

If your father died without a will, in most states you are petitioning to be the administrator of the estate, and that is what you are accepting appointment as. If you are the sole heir at law, there is no one else to agree to your appointment, so your signature alone will do. In some states, you may not have to sign. Check with the probate court clerk.

Note that, if there is no real estate involved and the estate is entirely personal property, you may not have to file for probate, though you should check with the probate clerk's office or an estate attorney. Some states have inheritance taxes that are not tied to the federal one, but that is usually an issue only if there is real estate or a large life insurance benefit.