When is a probate attorney required? Do you always need an attorney when going through probate? Austin-based probate attorney Kyle Robbins sheds light on when it is necessary to hire a probate attorney.

Video Transcript

Hey, everyone, Kyle Robbins here with the Law Offices of Kyle Robbins.

So I want to answer the question: Do I have to hire a lawyer to probate a will? The short answer is yes, and the reason is because you’re not only representing yourself when you probate a will, you’re trying to get appointed as the executor and representative of that estate. And so usually you’re also representing other heirs and beneficiaries who the will might have left something to, and even if you’re not doing that, you typically have to deal with other creditors who have an interest in getting paid from the assets of the estate. And so we would be a lot more likely to allow people to be pro se, which means represent themselves to probate a will.

However, courts have decided, you know what? If you’re going to be representing multiple parties, you’re going to have to have legal counsel because not only are you potentially dealing with consequences that affect you, you’re also dealing with consequences that could affect other people, and for that reason, we want you to go ahead and have counsel.