How is the probate process started?
First, a petition for probate of the will must be filed with the probate court, along with the original will and a certified copy of the death certificate. Notice must be mailed to all of the decedent’s “heirs at law” (usually the surviving spouse, children and children of any deceased children), to those named as beneficiaries in the will, and, if a charity is involved or there are no heirs at law, to the state’s Attorney General. Notice must also be published in a local newspaper. If no one objects by a deadline set by the court, the court appoints the executor named in the will.
A petition for probate of the will must be filed with the appropriate court with the original will and a certified copy of the death certificate. Notice must be mailed to all the deceased persons “heirs at law,” usually the surviving spouse, children, and children of any deceased children, and to those named as beneficiaries in the will. A notice also must be published in a local newspaper and sometimes in a legal publication. The notice advises people that the person has died and if anyone owes the decedent any money or is owed money by the decedent, they should come forward.
