What Are the Basic Step for Probate?

The first step in the probate process is the filing of the decedent's will within thirty days of learning of the decedent's death. Next, the personal representative of the estate must inventory and appraise assets so as to have sufficient information to provide on the probate petition. Third, the petition for probate must be filed. Fourth, a hearing on the petition is set for approximately 6 to 8 weeks after the date of filing the petition. At this time, notice must be given to all interested parties by mail or publication in a newspaper of general circulation. Finally, at the hearing, if the court is satisified with the petition, the form of notice, and there are no contests, the will is admitted to probate and Letters of Testamentary are issued (granting authority to the personal representative to act on behalf of the estate). If there is no will at all, then Letters of Administration are issued. Please note, these are only general steps and every probate may differ in one way or another. If you have questions about a probate matter, please contact our office at (714) 459-5481 so we can guide you in the right direction.

James F. Roberts
Founder and owner of the Law Office of James F. Roberts and Associates, a premiere estate planning law firm