After someone passes, family and friends often wonder what to do next. This series will examine the steps of probate from the opening of an estate to the closing. First, you must understand what probate is. Probate is the legal, court process of distributing a deceased’s assets. To begin this process, we must determine if the deceased made a Last Will and Testament (Will). If there is a Will, then the person named as Executor (or sometimes called Administrator or Personal Representative) will submit a Petition to Probate Will in Solemn Form. If the deceased did not make a Will, a Petition for Letters of Administration is prepared instead.
The Petition to Probate Will in Solemn Form asks the Court to review the Will and determine if the Will is valid, to determine if all of the appropriate parties received notice, and to issue an Order and Letters Testamentary which allow the Executor to administer the deceased’s estate. Similarly, the Petition for Letters of Administration asks the Court to determine if all of the appropriate parties received notice and to issue an Order and Letters of Administration which allows the named Administrator to administer the deceased’s estate.
Each petition asks for the petitioner’s name and address, the name and last address of the deceased. In the Petition to Probate Will in Solemn Form, information regarding the Will, the date the Will was made, and who was named as Executor in the Will itself, is also required. In the Petition for Letters of Administration, information regarding the person seeking to be named as the Administrator is required that includes how the proposed Administrator was selected or their relation to the deceased.
Each petition also requires the names, addresses, and relationship of all heirs of the deceased. See our blog on heirs vs. beneficiaries to determine who should be named. The petition should state if there are any other people not named in the previous list. A petition to open a probate that does not have a Will also states a brief listing of the deceased’s assets.
The petitioner must sign the petition in front of a notary. Then each heir should receive a copy of the Will (if one exists), a copy of the signed petition, and an acknowledgment page. By signing this acknowledgement page, the heir is stating to the court that they recognize the petitioner is asking the court to begin the probate process, that the person named in the petition will be the person managing the estate, and, if there is a Will, that they have no objection to the Will being submitted as the final and official Will of the deceased.
If there is no Will, or if the Will does not waive the requirement for bond, inventory and reporting, the heirs may receive a page that releases the Executor or Administrator from these requirements. All heirs must sign for these powers to be granted and requirements to be waived. A notice will then run for four (4) consecutive weeks in the local newspaper if a waiver of bond, inventories and reports is requested.
Once all heirs have signed their acknowledgement and the petition is fully filled out, all papers need to be formally submitted to the probate court in the county where the deceased resided at the time of his or her passing.
This is a broad summary of the first step of the probate process. Determining who is an heir, who needs to be notified, how to notify them, what to do if someone does not sign the acknowledgment, if the named Executor is not the person named in the petition, and other issues are not discussed here. At Grissom Law, we have handled probates from the very straightforward to more complex and know the process, procedure, and requirements to assure the court accepts the petition and the probate process goes as smoothly as possible. Call us at 678.781.9230 to schedule a time to meet with us to discuss your needs.
Disclaimer
This Blog/Web Site is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide legal adv ice. By using this blog site, you understand that there is no attorney-client relationship between you and Grissom Law, LLC.