Probate

Probate

    When a person dies, in order to transfer his or her assets to spouse and or; ie. (their heirs), there must be a probate filed in the County where he/she lived or where his/her major assets are.  If he/she had property, and executed a "Will", the "Will" must be filed for probate.  If there is no "Will" an administration of the estate must be taken before the Probate Court.

    There are occasions when an Affidavit or Probate Court determination of Heirs' may be available in place of a probate.  The estate may qualify for a Small Estate Probate or the "Will" may be filed for Probate as a Muniment of Tile for real estate.

    Each estate is different and weather or not a probate is necessary depends upon the facts.

    A "Will" must be filed for probate within four years of the date of death.  To file a probate the original "Will" must be presented to the Probate Court.  A signed copy of the "Will" might be admitted to probate under certain circumstances with proof that it is true and correct of the "Will" that cannot be found and that the "Will" has not been revoked (meaning terminated by the person that had the "Will" made).

    A notice of the application for probate (which is the first step) must be posted for ten days.  The executor must testify before the Probate Judge, before the "Will" can be admitted to probate.

    If you need help with a probate please contact our office, we will be glad to assist you.