Probate and Estate Administration FAQs
The probate of a will is initiated by filing a petition with the probate court.
It is the duty of the personal representative named in the will to offer the will for probate.
Yes, wills may be admitted to probate in common form or in solemn form.
Most often, wills are offered for probate in common form. The process is somewhat simpler. A probate in common form can be set aside later however for reasons such as fraud or if someone later proves that the testator (the person who’s will it is) did not have the capacity to make a will, was unduly influenced to make the will, or the will was revoked before the testator’s death.
Generally, the procedure for offering a will for probate in common form is to file a petition, produce the will, and offer the testimony of the subscribing witnesses to the will.
- The identity of the person filing the petition;
- The name, age if known, date and place of death, and residence at death of the deceased person;
- The date the will was signed and the names of the witnesses to the will;
- The will or a copy of the will (with the original to be presented at the hearing);
- The names and relationships of the people receiving property in the will and their city of residence if known;
- Similar information for the people who would inherit if there was not a will;
- If any of the people identified above are not yet 18 years old or have some other disability then that should be identified to the court;
- The value of the testators estate unless bond is waived;
- Whether the filing of an inventory and accounting has been waived in the will;
- A statement that the petitioner is not aware of any document revoking the will offered for probate and believes that the document being offered is the decedent’s last will
Generally, wills are offered for probate in solemn form when an objection to the will is anticipated. Notice is required to be given to all interested people (those who receive property under the will and those who would have if received property if there had not been a will).
Yes, if all interested persons are notified.
The probate is not void as to those persons not notified, but only has the effect of a common form probate.