Probate & Succession
Probate means the formal filing and recognition of the Will as the Last Will and Testament of the deceased person. There are several legal requirements and documents to be prepared. If there is no Will, there is no “probate”, but a legal proceeding still needs to be done in order to transfer assets to the heirs.
To proceed with the probate, you need to provide the attorney with the original will and the information listed on the Probate Worksheet Or, you can Fill Out the Probate Worksheet Online.
All property and debts of the deceased person must be listed. The probate worksheet is filled out by the survivor and brought in to the attorney.
If necessary, after the Will is probated, there may be a period of “administration” when the debts of the succession are paid and a proposed distribution of the estate is done. Most of the time, no formal administration is necessary -- as long as the estate has more assets than debts. The attorney will advise the executor if an administration needs to be done.
After the will is probated, the attorney proceeds to file the documents placing the heirs in possession of the property and obtains a Judgment of Possession closing the estate.