Probate 101: Locating the WILL and Starting Probate

Описание: To distribute assets after a person's death, it's important to check if they left a will. Family members may know or a search through the deceased's belongings may offer clues. If a will is found, it must be filed with the probate court in the state of permanent residence. Submitting a copy is allowed if the original is lost, but proof of no wrongdoing is required. The personal representative named in the will must petition the court for approval.

The first step in probate is typically filing a petition with the appropriate court. This petition initiates the legal process of probate and sets the wheels in motion for administering the deceased person's estate. The exact name and requirements of the petition may vary depending on the jurisdiction, but it generally involves submitting relevant documents and information to the court.

The petitioner, usually the executor named in the will or a personal representative appointed by the court, files the petition along with the death certificate and the original will (if there is one). The purpose of this step is to officially notify the court of the person's death and establish the need for probate.

Once the petition is filed, the court will review it, assign a case number, and officially open the probate proceedings. The court may also issue an order granting the petitioner legal authority to act on behalf of the estate, such as collecting assets, paying debts, and distributing property.

Filing the probate petition is a crucial first step as it sets the legal framework for the administration of the estate. It allows the court to oversee the probate process, ensures proper notification to interested parties, and provides a platform for resolving any disputes or issues that may arise during probate.

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