Probate Estates: Starting the Probate Process

Probate refers to two things. One is the process of submitting a deceased’s last Will to the court. If the Will is proved valid, the court grants an order of probate admitting the document as the decedent’s valid Last Will and Testament. The other refers to the process of collecting, managing and distributing the Probate Estate assets. Have a peek at lawbh.com/, if you want to hire best attorney in your city.

Finding the Will

The first step is to find out whether the decedent left a Will. You can look in various places such as the safe, filing cabinet or other places in their home where documents are stored. Keep an eye out for deposit receipts just in case the testator deposited the Will somewhere else.

Submitting the Will for Probate

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Once you find the original Will, you need to submit it to the court for approval. If there is more than one, submit the latest Will if the former has been revoked by the latter. To do this, you need to obtain a petition for probate and file it with the appropriate county court. This is generally the county where the decedent was last domiciled (had residence) immediately prior to death.

Type of Probate Application

Many states offer simplified probate procedures for small estates. This enables transfer of probate property simply by using a small estates affidavit.  The threshold is usually estates worth $15,000 or less and generally applies for personal property only.