What are the steps in the process to probate a decedents estate?
Step 1In most cases, the person requesting appointment as personal representative (executor or administrator) hires an experienced probate lawyer to prepare and file a Petition for Probate. In some cases, the person requesting appointment will handle the probate without hiring a lawyer, as discussed above. Step 2The probate lawyer, or the petitioner without a lawyer, arranges to mail notice to everyone named in the decedents Will (when there is a Will) and all his/her legal heirs about the death and the probate hearing. The notice must also be published in the newspaper where the decedent lived to let creditors know about the hearing. Notice gives everyone notified an opportunity to object to admitting the Will and to the appointment of the personal representative. Step 3The hearing usually takes place several weeks after the matter is filed. The purpose of the hearing is to determine the validity of the Will and to appoint the personal representative. Sometimes, the Court will need th