Legal Question in Wills and Trusts in Alabama

If I order the forms online, can I legally probate a will MYSELF in the state of Alabama? The court house there said I needed to contact a lawyer as they did not have the forms .


Asked on 9/05/10, 9:57 am

1 Answer from Attorneys

Dean Stein Harville-Stein Law Offices, LLC

I do not think anything specifically prohibits you from representing yourself, called being "pro se" in a civil matter such as this. However, as you have seen, the Court and its employees are prohibited by various rules from giving you legal advice, which provision of the forms might lead to. I am not sure you would want to probate the Will without some representation. Part of the forms is listing "the heirs at law" as determined "strictly in accordance with the requirements of Ala. Code 43-8-132". Can you attest to that? What about posting bond, an inventory, is the Will self-proving or not? What assets would you have the right to distribute without court approval? What is the six month claims period? What forms are necessary to close the estate? Who's consent do you need. What fees are you entilted to for acting as Personal Representative? This is all just to say that an attorney knowledgable in these matters can be a great help, if not a necessity. This should not be overly expensive either, and you can hire an attorney to guide you through the process while you do most of the leg work. Call us if you like, we don't have to be in Huntsville to help. This response is to provide general information, is not legal advice, is not intended to constitute legal advice to the reader and should not be relied on as such, nor is it intended to create an attorney-client relationship. ALABAMA RULES OF PROFESSIONAL CONDUCT REQUIRES THE FOLLOWING STATEMENT: "No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers."

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Answered on 9/10/10, 10:40 am


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