Q:

How do you petition the court to probate an estate?

A:

Quick Answer

LegalZoom states that a petition to probate an estate can normally be filed with a standard form provided by the probate court. These standardized forms typically contain places to list the name of the executor, the deceased and other potential beneficiaries as well as the date the deceased passed away.

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Full Answer

According to LegalZoom, a petition to probate an estate can require other documents to be filed along with the petition. These documents depend on the particular probate court but can include a copy of the original will, a Notice of Petition to Administer Estate or a blank copy of the Letters and Order to Probate.

LegalZoom also says that any interested person or party may file a petition to probate an estate. An interested party refers to an individual who either stands to gain or lose something from the probate of the will or estate. Normally, the executor of the will or personal representative of the estate petitions to probate the estate. However, if the executor or personal representative cannot be located, a beneficiary can also file the motion.

In cases where the deceased has left a will, it must sometimes be proven in court first, says LegalZoom. These cases typically refer to holographic wills or wills that have been signed by two witnesses but not notarized.

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