Does an executor have to hire a lawyer?
Not always. An executor should definitely consider handling the paperwork without a lawyer if he or she is the main beneficiary, the deceased person’s property consists of common assets (house, bank accounts, insurance), the will seems straightforward, and good self-help materials are available. Normally, there are no disputes which require a decision by a judge. There is a lot of paperwork involved in probating an estate. The executor may never have to appear in court and may be able to do everything by mail. The job requires persistence and attention to detail, but not necessarily a law degree. If the estate has many types of property, significant tax liability or potential disputes among inheritors, an executor may want some help. If the executor just doesn’t want to deal with the probate process, a lawyer can do everything and will be paid out of the estate. In most provinces and state, the law authorizes a lawyer to take a certain percentage of the gross value of the deceased’s es
