Petition for Probate
A petition for probate is a legal document filed with Probate Court that initiates the Probate process for a deceased person's Estate.
The purpose of the petition is to ask the court to officially recognize the validity of the deceased's Will (if one exists) and appoint an Executor to Administer the Estate.
Approval of the petition gives permission to the executor to Execute the Will and begin Settling the Estate.
The main elements typically included in a petition for probate are:
Identification of the deceased: the petition will provide the full legal name of the deceased person, their date of death, and their place of residence at the time of death.
Statement of the will: If a will exists, the petition will provide information about the location of the document.
Appointment of an executor: the petition will nominate an individual or institution to serve as the executor or Personal Representative; they will be responsible for managing the estate by locating and cataloging Assets, paying Debts and taxes, and distributing any remaining assets to Beneficiaries.
Information about heirs and beneficiaries: the petition will list the names and addresses of the deceased's Surviving Family, Heirs, or other beneficiaries who have a legal claim to the estate.
Request for probate: the petition will officially request the court to admit the will to probate, or if there is no will, to proceed with by state law, known as Intestate Succession.
Supporting documents: the petition may require additional supporting documents, such as a Death Certificate, a copy of the will, and any relevant Affidavits or declarations.
Once the petition is filed with probate court, a hearing is typically scheduled to review its information, verify the validity of the will (if applicable), and consider any objections or challenges raised by "interested parties."
If the court approves the petition, it will authorize probate to begin by officially appointing the executor or personal representative.
Laws differ in each state and requirements and procedures may vary depending on the jurisdiction, so it helps to hire a Probate Attorney to help ensure everything the managed is correctly.