Petition probate court 2025

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When a person dies owning assets in his or her name alone, a probate estate can be opened with the local court in the decedents county of residence to distribute any assets (after the deceaseds debts are paid).
Probate or letters of administration will be needed so the personal representative can pass to whoever will inherit the share of the property, ing to the will or the rules of intestacy. The property might have a mortgage.
In Tennessee, estates with basic checking and savings accounts worth less than $15,000 do not have to go through the probate process for those assets to be distributed to heirs. In cases where an estates assets are worth less than $50,000, a court administration process is available to distribute the assets.
The Petition for Probate of Will and Letters Testamentary is requesting for the court to validate the Will and formally appoint the Executor. Once this is done, the court authorizes the Executor to oversee the process of distributing assets and property to beneficiaries per the instructions provided in the Will.
Some attorneys offer a percentage-based fee, commonly 4-7% of the estates value. Executor commissions are also part of probate costs, payable to the individual managing the estates affairs. In New York, executor fees are determined by statute and generally fall between 2-5% of the estate value.
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The first step is to petition the Surrogates Court in the county where your loved one lived or owned property. The filing must include the will, a certified copy of the death certificate, and a Probate Petition that is signed and notarized.

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