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A Petition for Probate must be filed in the county that the deceased resided at the date of death. The petition must be filed with the original last will and testament, death certificate, and court filing fee. Additional supporting documents and affidavits may be required depending on the circumstances.
File the Petition The petition must be filed in the circuit court of the county where the deceased lived at the time of their death. If your documents are in order, the court will then issue a Letter of Administration stating that your petition has been granted approximately one month after filing.
PA1P: Probate application form if there is a will The original will (and codicils, if any). Two copies of the will (and codicils) on A4 paper. An official copy of the death certificate. Any relevant inheritance tax summary forms.
The estate will be frozen and inaccessible to the beneficiaries: This consequence is inevitable, as property and assets cannot be transferred without going through probate first. This is because the court needs to ensure that all debts and taxes are paid off before the estate can be distributed.
The petitioner is the personal representative (either an executor or administrator) who signs the petition. This probate procedure usually takes eight to twelve months, but can take longer if there are complications.
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If an Executor was nominated in the Will, then they must file for Probate within 30 days of the persons death. Otherwise, they may be waiving their right to the Executor appointment. If the family chooses to file a small estate affidavit instead, then they must wait until 40 days have passed after the date of death.
Step 1 Petition for Probate (Form DE-111, Judicial Council), and all attachments, Original Will (if there is one) Notice of Petition to Administer Estate (Form DE-121, Judicial Council) Duties and Liabilities of Personal Representative (Form DE-147, Judicial Council) Order for Probate (Form DE-140, Judicial Council)
How to Start Probate for an Estate Open the Decedents Last Will and Testament. Determine Who Will be the Personal Representative. Compile a List of the Estates Interested Parties. Take an Inventory of the Decedents Assets. Calculate the Decedents Liabilities. Determine if Probate is Necessary. Seek a Waiver of Bond.
You can apply for probate yourself online or by post. This can be cheaper than paying a probate practitioner (such as a solicitor) to apply for you. Read guidance from Money Helper about using a probate practitioner for information on hiring a legal professional.
Probate. If you are named in someones will as an executor, you may have to apply for probate. This is a legal document which gives you the authority to share out the estate of the person who has died ing to the instructions in the will. You do not always need probate to be able to deal with the estate.

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