Probate A Will

The executor of an estate must understand how to probate a will in order to avoid costly mistakes that may leave the executor open to litigation by surviving family members. The first step is to provide a copy of the will to the probate court clerk along with a petition for a hearing. There is generally a filing fee, so the executor should keep a detailed record of any out of pocket expenses he/she will need to be reimbursed for from the estate. All possible heirs and every person named in the will must be notified of the probate hearing. Creditors who may seek to have debts repaid must also receive notice. At the hearing, the court will decide whether or not the executor named in the will may continue to act as administrator of the estate.

The executor will be required to appraise all the assets in the estate. An independent appraisal may also be ordered by the court. All valid debts must be accounted for and paid out of the funds in the estate according to state law. The executor must prepare a final record of all transactions that were carried out to accomplish this. Once the court approves the record, the probate process is closed. However, the executor is still tasked with distributing the remainder of the assets to the inheritors named in the will. Small, uncomplicated estates can sometimes be handled by an executor alone. However, the executor does have the right to hire a probate attorney to assist at any point.

Fast Facts

  • Some probate courts will hold a will in safekeeping for a modest fee.
  • A copy of the death certificate must be filed with the court during probate.

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