Probate Form

Each step in the process of settling an estate requires a different type of probate form. The attorney handling the estate or the executor (personal administrator) is responsible for filing most of these. They include the petition for the hearing, the filing of inventory, and a request for administrative fees. In some states, the executor may also use a "summary administration" form to request a simplified, shortened version of probate for a small estate. Family members can use probate forms to ask for a hearing on matters pertaining to the estate. This might be to contest validity of the will or to contest the appointment of a specific executor. There are also forms that can be used by creditors to make claims against the estate. There is a nominal fee associated with the filing of most of these forms.

When the estate has finished going through probate, the executor files a final form to request the permission of the court to distribute the remaining assets. Each beneficiary may be required to fill out a receipt stating that he/she received a distribution. These receipts are filed with the court and stored with the other probate forms that relate to the estate.

Fast Facts

  • If a will is kept in a bank safe deposit box, a request form may need to be filed with the probate court to allow family members access.
  • After probate has been closed, a petition can still be filed to reopen it.

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