187/Keller Williams Select - Sandra Bradley

What goes on in the probate of an uncontested will?

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Typically, the person named as the deceased personnel 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, takes it along with the will, and files it with the probate court.

The lawyer for the person seeking to have the will admitted to probate typically must notify all those who have been legally entitled to receive property from the disease if the deceased died without a will, plus all those named in the will, and allow them to find 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. depending upon the state and sometimes the name of the beneficiaries, how long before the death the will was signed, whether the will was prepared by an attorney or supervised by an execution of the will, and/or whether the will was executed with certain affidavits, it may be necessary to bring the persons who witnessed and deceased signature on the will.

If no objections are received and everything seems in order, the court approves the petition, appoints the personal representative, orders that taxes and creditors be paid, and requires the personal representative to file reports with the court to ensure all deceased property is accounted for and distributed following the terms and conditions of the will

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