Step by step process to obtain probate certificate
Legal process by which the assets of a deceased are properly distributed to the beneficiaries or heirs through an executor named in the will, or (if he or she died without a will) according to the local law by a court appointed administrator.
If there was no will, probate is necessary. Probate helps to determine the beneficiaries and to distribute the decedent’s assets and title to property.
· Demonstrating in court that a perished individual's will is legitimate (generally a normal issue)
· Recognizing and reviewing the expired individual's property
· Having the property assessed
· Making good on obligations and charges, and
· Disseminating the rest of the property as the will (or state law, if there's no will) coordinates.
Step 1: Prepare and file "petition for probate" by:
· Proving the validity of a will
· Choosing an estate administrator, executor, or representative
· Identifying all heirs and other relatives
Step 2: Court hearing on petition for probate
Step 3: Issue the following documents, if applicable:
· Letters of administration
· Letters testamentary
· Orders for probate, duties and liabilities
Step 4: Issue probate bond (if ordered)
Step 5: Notice to creditors
Step 6: Notice to Department of Health Services (if the decedent received medical benefits)
Step 7: Estate inventory and appraisal to calculate the estate's value
Step 8: Pay bills and taxes:
· All applicable taxes, state and/or federal
· Estate administration costs
· Family allowances
Step 9: Accept or deny creditor claims
Step 10: Notice to franchise tax board (if the heir is an out-of-state resident)
Step 11: Tax clearance letters
Step 12: File petition for final distribution and accounting
Step 13: Hearing on petition for final distribution and accounting
Step 14: Order approving final distribution and accounting
Step 15: Distribution of assets to heirs
Step 16: Final discharge order
Step 17: Final distribution of estate funds, concluding probate
Documents Required For Probate:
· A copy of the will, if there was one created.
· The municipal death certificate of the testator.
· A letter stating that the testator was off sound mind, when he or she made the will.
· Proof that the will has been executed by the testator.
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