Can I Go Through Probate Without an Attorney?

Gavel with probate court papers

Probate is an experience no one hopes they have to go through as it is usually a burden and time-consuming especially during a time when you should be reflecting on your loved one’s life. During probate, the judge will decide where assets are distributed after someone’s passing. If you do have to go through probate, you might be wondering if you can represent yourself?

The answer is yes — in Wisconsin, you do not need to have an attorney with you for probate court. However, having a probate attorney is extremely beneficial in these matters as they specialize in these types of cases whereas people who have never been to probate court before will not know what to expect.

What Can a Probate Attorney Do for Me?

If your family is going through probate, here is what you can expect an attorney to do for you:

  • Complete necessary paperwork and file the documents with the court: while you and your family gather paperwork, the probate attorney can assist with getting documents that may be harder to obtain and necessary for the probate proceedings. Additionally, a probate attorney will make sure all documentation is not only filed on time but correctly. Someone being left to file the paperwork on their own may not have all the necessary information needed and therefore the process could end up taking longer.
  • Give you advice about the next steps: having an attorney means they know how the probate process works like the back of their hand. If you or your loved ones are not familiar with the probate process, having an attorney is extremely beneficial because the attorney will know how quickly each step of the probate process should take and give you an outline of what to expect.
  • Be with you during court appearances: you will never have to go in front of the judge alone if you have a probate attorney. Any courtroom setting can be intimidating and by having a probate attorney by your side, you can sit back knowing that your attorney will handle all the tough questions.
  • Full-service representation: no matter what your probate needs are, a probate attorney is there to help you. The attorney can help with identifying assets in the estate, gathering those assets, filing income and estate tax returns, and finalizing the distribution to heirs.

What Krause Estate Planning Can Do For You

Dan Krause embraces everything listed above and more. When you reach out to Krause Estate Planning you’ll have a team working together to make the probate process as smooth as possible for you and your loved ones. The death of a loved one is never easy and the probate process can be confusing to navigate on your own. For all your probate needs, contact Krause Estate Planning right away. We serve Madison, Milwaukee, Oregon, Middleton, Verona, Waunakee, Sun Prairie, Janesville, and anywhere in Wisconsin.

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