“Pro Se” You Say Why You Can’t Represent Yourself in Texas Probate and Guardianship Cases

Several times a year, I receive a call from an individual that generally starts with “I called the clerk and they told me I need a lawyer.”  I know they are thinking hey you have a pretty good gig here.  But, this really has nothing to do with probate lawyers or the probate bar.   

Individuals who represent themselves in court are called “pro se” litigants.  True, you can represent yourself, but you can’t represent others.  Under Texas Law only a licensed attorney may represent the interests of third-party individuals or entities, including guardianship wards and probate estates. If you want to really legally nerd out see In re: Guetersloh, 326 S.W.3d 737 (Tex. App.–Amarillo, 2010) and Steele v. McDonald, 202 S.W.3d 926 (Tex. App.–Waco, 2006).  Most courts in Texas follow the rule that individuals applying for letters testamentary, letters of administration, determinations of heirship, and guardianships of the person or estate must be represented by a licensed attorney.

Probate, Guardianship and the administration related thereto can be a confusing process, if we can help you or you want to learn more contact us by providing your information below.