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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 32327
Experience:  Estate Law Expert
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Can I file the papers myself to open probate and be the executor?

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Can I file the papers myself to open probate and be the executor? If so do I just go to the county clerk and they have the forms?

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

Yes, you are allowed to file the papers yourself but the clerk doesn't have the forms.

Dwayne B. :

I'm not even sure where you can get the forms for a probate case and some judges will not allow a person to file their own paperwork at a certain point. The reason is because at some point you would stop representing yourself and start representing the estate and only an attorney can represent someone other than themselves.

Dwayne B. :

Again, not all judge prevent it but some do.

Dwayne B. :

In addition, probate law is extremely complicated and if you make a mistake you can be personally liable to the other heirs and to any creditors of the deceased.

Dwayne B. :

The website is showing you are offline so I will save and exit so I can assist others. If you have any additional questions please feel free to ask them in this thread. I will be online most of the day but it may take a little while for me to answer if I am assisting others.

Dwayne B. and 5 other Estate Law Specialists are ready to help you
Sorry, I just had another expert send me a message letting me know that all judges in TN are now requiring an attorney. A few years ago this was challenged and for a while some judges were letting people file the applications themselves but apparently that has now been resolved and an attorney is required.
Dwayne B. and 5 other Estate Law Specialists are ready to help you
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.