How is a Will probated?
• The original Will is deposited with the Court. • An interested person, usually the person designated in the Will to act as Executor, files a Petition for Probate of the Will. If the decedent died intestate (ie. without a Will), an interested person, usually an heir of the estate, files a Petition for Intestate Administration. • The Executor named in the Will is confirmed by the court or, for a person who dies without a Will, an Administrator is appointed by the court. Executors and Administrators are commonly referred to as Personal Representatives. • Creditors of the decedent can file claims against the Estate. This includes anyone to whom the decedent was indebted (such as credit card companies, mortgage holders, judgment holders, persons owed fees and costs from providing medical services, taxing authorities, etc). • During the administration of the Estate, the Personal Representative must identify, collect and value the assets of the Estate. To do this, the Personal Representativ
