The Process of Probate

Probate is a legal process and is typically operated in Superior Court.  There are mandatory steps that must be followed in order, and the order in accordance to state and county of filing.  Probate is designed to protect creditors as well as heirs of the deceased.

The first step is to file a Petition to the court to administer the estate in which the deceased resided.  The court will notify all parties of a hearing regarding the Probate of the estate.  If the deceased left a Will a copy will be attached to the petition.  There is a filing fee attached to the Petition.  The court will provide a schedule of fees.

After the filing of the Petition there is a hearing date, the Petitioner is required to publish in a legal newspaper notice of the hearing date.  This will give legal notice to creditors to file claims against the estate if there are any.

On the first Probate hearing the court will decide who will be the Executor/Administrator of the estate.  If there is a Will the deceased would have named a person to be the Executor, thereby, appointed to represent the estate.  If there is no Will the deceased died “intestate” then the court will appoint an Administrator.