Back to Wills and Probate How is a Will probated?
• The original Will is deposited with the Court. • The Executor named in the Will or Administrator is appointed. Executors and Administrators are commonly referred to as Personal Representatives. • The Personal Representative files a Petition for Probate of the Estate. • There follows a statutory period (usually about four months from the date of the Petition for Probate filing) creditors of the Estate can file claims against the Estate. This would include any prior creditors or judgment holders, debts resulting from last illness, funeral expenses, taxing authorities, etc. • During this time period, the Personal Representative has to identify and collect assets of the Estate. To do this, the Personal Representative finds all bank and security accounts, debts owed to the Decedent, property owned by the Decedent, etc. The Personal Representative also has to maintain the assets in good condition. This consists of maintaining insurance coverage, collecting rent, protecting assets from thef
