Probate

PROCEDURE TO PROBATE A WILL

NO. A Will must be admitted to probate by a Judge of the Probate Court in the County in which you die.

Is there a procedure to follow to file a Will for Probate?
YES. An Application to Probate must be filed and remain on file for 3 weeks before a hearing may be scheduled. At the hearing testimony is given to the Judge so that he or she may determine whether the Will was written in accordance with the law and whether the person applying to be the Independent Executor is qualified to serve in that capacity.

Does the Independent Executor have duties he or she must perform?
YES. The Independent Executor must distribute the property to the beneficiaries named in the Will; pay all legal debts of the Estate and file and Inventory and Appraisement unless that particular duty has been waived.

Is there a time limit in which a Will must be filed?
YES. A Will must be filed for Probate within four years of the date of death of the person who wrote the Will.

Terms to become familiar with when involved with a probate:
1.    Independent Executor
2.    Independent Administrator
3.    Inventory and Appraisement
4.    Self-Proving Affidavit
5.    Muniment of Title
6.    Affidavits of Heirship
7.    Dependent Administration

THE INFORMATION CONTAINED HEREIN IS NOT TO BE CONSIDERED TO BE LEGAL ADVICE. SHOULD YOU HAVE ANY QUESTIONS OR WOULD LIKE FURTHER EXPLANATIONS REGARDING THE PROBATE PROCESS, PLEASE CALL OUR OFFICE AT: 915-779-3619