Application For Probate – Important Facts You Must Know!


application for probate

An application for probate is one of the most common requests made by individuals who are deceased. The request must be filed with the Probate Court within one month of the decedent’s death, in most cases. If an affidavit of petition is submitted along with the application for Probate, the court will hold a hearing to determine if the decedent’s estate can proceed with the probate proceedings.

How to Application For Probate

Wills and estates must comply with state probate law in order to be distributed under the provisions of the law. The will is a document prepared by the deceased person’s attorney, which instructs that his/her estate is administered and distributed according to its contents. A last will is an important part of probate because it is used as documentation to ascertain the ultimate beneficiaries of the estate. Probate forms are readily available from probate court registries and typically contain the same information as a will. Applying for Probate does not include an exhaustive list of information regarding heirs; however, the applicant must provide information sufficient to prove that he/she is the executor, devise or predecessor of the decedent’s estate.

The basic function of the Probate Court is to administer the affairs of the deceased person’s estate. Therefore, the parties to the probate process are the executors or administrators of the estate. Applying for Probate is necessary to ascertain the validity of the deceased person’s Will and to appoint an administrator to administer the estate. The applicant must also include a copy of the last Will and the application for Probate, if applicable. Other probate forms that may be required by the Probate Court are the Statement of Account, Notice of Trust, Certificate of Administration, Final Trustee Agreement, Trustee Certification of Final Trust.

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