What goes on in the probate of an uncontested will?
Get Legal Help Today
Secured with SHA-256 Encryption
UPDATED: Sep 12, 2011
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.
Typically the person named as the deceased’s personal representative (a more formal term is Executor or Executrix) goes to an attorney experienced in probate matters, who then prepares a petition for the court and takes it, along with the will, and files it with the probate court.
The person seeking to have the will admitted to probate, or that person’s attorney, must notify all those who would have legally been entitled to receive property from the deceased if the deceased had died without a will (intestate succession), plus all those named in the will. The notice will inform them of the will and give them an opportunity to file a formal objection to admitting the will to probate.
A hearing on the probate petition is typically scheduled several weeks to months after the matter is filed. It may be necessary to bring the persons who witnessed the deceased’s signature on the will to the hearing to testify. Whether this will be necessary depends on several factors: on the laws of the state, sometimes on who the named beneficiaries are, how long before the death the will was signed, whether the will was prepared by an attorney, who supervised the signing (execution) of the will, and/or whether the will was executed with certain affidavits.
If the court receives no objections to admitting the will to probate, and if everything seems in order, the court will approve the petition, appoint the personal representative, order that taxes and creditors be paid, and requires the personal representative to file reports with the court to assure all the deceased’s property is accounted for and distributed in accordance with the terms and conditions of the will.