This is a brief outline of the process for probating the Will of a Decedent when the will does not specify an independent executor. The outline is not exhaustive, but it gives a general overview.
1. Attorney files an Application Probate of Will Produced in Court and for Letters Testamentary with the probate court.[i]
The application must be accompanied by:
- Filing fee.
- Original Death Certificate.
- Original Will.
2. Wait 10-15 days while Citation to Interested Parties is posted by the clerk.[ii]
3. Set a hearing in probate court.
4. The Applicant and Applicant’s Attorney attend the hearing in probate court.[iii]
- Generally takes less than a half hour.
- Applicant testifies to death of Decedent, authenticity of Will, and other facts.
- Judge signs Order appointing Applicant to be Executor.
- Executor signs Oath.
- Clerk issues Letters Testamentary.
5. Executor administers the estate.[iv]
- Gathers all assets.
- Pays bills.
- Distributes remaining assets to beneficiaries.
6. Attorney provides notices required by law.
- Publishes Notice to Claimants in local newspaper within 30 days.[v]
- Sends Notice to Secured Creditors within 60 days.[vi]
- Sends Notice to Beneficiaries within 60 days.[vii]
- Files Proof or Certificates of Notice with probate court.
7. Attorney files Estate Inventory with the probate court within 90 days.[viii]
- Executor must furnish Attorney with information for drafting the Inventory.
- Court signs order approving inventory.
8. Executor must obtain court approval to sell property, pay bills, and take any other actions.
9. Executor completes the administration of the estate, and Attorney finishes by filing Final Account.[ix]
- Administrator provides to Attorney a list of assets collected, debts paid, debts not paid (should be none), assets remaining (should be none), distributees who received assets.
- Attaches receipts.
- Attorney drafts the Final Account and Files with court.
- Attorney serves citation on beneficiaries.
- Court examines and approves the Final Account.
.
The probate process is complete. There may be more work to do to administer the estate.
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