WHAT GOES ON IN THE PROBATE OF AN UNCONTESTED WILL?
Typically the person named as the deceased’s personal representative (a more formal term is Executor or Executrix) goes to an attorney experienced in probate matters, who then prepares a petition for the court and takes it, along with the will, and files it within the probate court.
The person seeking to have the will admitted to probate, or that person’s attorney, must notify all those who would have legally been entitled to receive property from the deceased if the deceased had died without a will (intestate succession), plus all those named in the will. The notice will inform them of the will and give them an opportunity to file a formal objection to admitting the will to probate.
A hearing on the probate petition is typically scheduled several weeks to months after the matter is filed. It may be necessary to bring the persons who witnessed the deceased’s signature on the will to the hearing to testify. Whether this will be necessary depends on several factors: on the laws of the state, sometimes on who the named beneficiaries are, how long before the death the will was signed, whether the will was prepared by an attorney, who supervised the signing (execution) of the will, and/or whether the will was executed with certain affidavits.
If the
court receives no objections to admitting the will to probate, and if
everything seems in order, the court approves the petition, appoints the
personal representative, orders that the taxes and creditors be paid, and
requires the personal representative to file reports with the court to assure
all the decedent’s property is accounted for and distributed in accordance with
the terms and conditions of the will.
Reference:
Free Advice Staff
Kindly visit our Probate and Estate Administration and Estate Planning websites or contact one of our Estate Administration Attorneys, Philadelphia or Probate Attorneys, Philadelphia at 215-977-8200 for more information on this topic.