A will is a document executed by a person that disposes of his/her property after his/her death. It generally names a personal representative to administer the estate.
No, an attorney is not necessary to deposit the will with the Clerk of the Circuit Court. However, you may want to consult with an attorney before filing so that he or she may determine whether Probate proceedings will be necessary.
Probate is a legal process through which the assets of a deceased person are properly distributed to the heirs or beneficiaries. The Court oversees the estate to make sure debts are paid and proper distribution is made.
Probate proceedings are initiated with the filing of a Petition by an interested person asking to be appointed personal representative and/or distribute property depending on size and complexity of property. The Petition is normally prepared by an attorney. The appointed person will be responsible for the estate until all bills are paid and the balance of the estate is distributed to the rightful beneficiaries.
The first step is to contact an Attorney. The Clerk's Office may not give legal advice or guidance in completing the various guardianship forms and reports that are required. If you are able and qualified to serve as guardian, you may petition to be appointed guardian, through an Attorney. If you do not wish to be appointed guardian, it is possible that a professional guardian may be appointed.
