Here is a brief outline of the process for probating the Will of Decedent as a muniment of title.
1. Attorney files an application for probate of will with the probate court.
The application must be accompanied by:
- Filing fee;
- Original death certificate; and
- Original Will.
2. Wait 10-15 days while the notice of the application is posted by the clerk.
3. Set a hearing in probate court.
4. The Applicant and Applicant’s Attorney attend the hearing in probate court.
- Generally takes less than a half hour.
- Applicant testifies to death of Decedent, authenticity of Will, and other facts.
- Judge signs Order admitting will as muniment of title.
5. File Order and copy of will in property records, if any real property.
6. Beneficiaries settle estate among themselves.
- Distribute assets to beneficiaries designated in Will.
- Gather remaining assets & divide them among beneficiaries or heirs.
7. Attorney files affidavit of completion with the probate court within 180 days
The probate process is complete. There may be more work to do to administer the estate.
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