Q: Can I file an Application for Probate Pro Se if my brother and I are co-executors and the only beneficiaries named?
Hello, my brother and I are co-executors and the only beneficiaries in our deceased parents will. They own a stock with Computershare that is now valued at $100k. My father passed first in February 2022 and my mother in this past Feb. She was in the process of getting us named as beneficiaries to the stock after my father passed but was not able to get the Medallion Stamp Guarantee due to her being sick and was in the process of getting the MSG. We are being told that we have to probate the will to get the stock transferred to us being beneficiaries and that we have to hire an attorney to make the application for the Letters of Testamentary/Probate. Can we do a simplified probate with a Muniment of Title? They had no debt and the only thing we have to be distributed is a $2k IRA and the stock that is over $75k.
A: No you cannot probate pro se. That is not allowed as you are not an attorney or representing yourself but attempting to practice law when representing another or their estate. You will need to hire an attorney to probate the will and it does not appear to qualify as a muniment of title.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.