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1) What happens when a will is probated?

Answer:

When a valid will is presented to the Probate Court, the court posts a

notice for at least 10 days, giving creditors a chance to come forward. A

notice must also be published in the county where the deceased resided.

After 10 days, a hearing is held in probate court to open the estate. the

named executor (male) or executrix (female) is sworn in (promise to abide

by the law while distributing the assets of the estate), and letters

testamentary are issued. An inventory of the estate must be filed

within 90 days after the estate is opened. After all the estate property

is distributed, a filing is made with the court closing the estate.

2) What are letters testamentary and when do I need them?

Answer:

Letters Testamentary are court issued documents which allow the

executor to take possession of assets which are in the name of the

decedent so they may be distributed to the heirs. Letters Testamentary,

for example, will be needed to obtain bank accounts and stock

brokerage accounts if the decedent's account was solely in the

decedent's name.

3) The estate is not very big, do I still need to go through Probate?

Answer:

Possibly not. There are several ways to avoid probate. If the estate,

excluding the homestead, is less than $50,000, a small estate affidavit may

be appropriate. Additionally, title in cars, homes, motorcycles may be

transferred by a mechanism called muniment of title.

4) How are things different if I die without a Will?

Answer:

The court will likely appoint an ad litem, independent attorney or

other trusted court person to determine who are the rightful heirs.

The court may also order a dependent administration, adding time and

expense to disbursing the assets of the deceased. The administrator, the

person who is equivalent to an executor when there is no will, may be

under direct control of the Court.

5) How long do I have to probate a will after someone dies?

Answer:

The will must be probated with 4 years of the death, or the court may

declare that the will is invalid.