The executor of a will must file the original document and a certified copy of the death certificate, along with the petition for probate and other supporting documents, with the Surrogacy Court in the county where the deceased person lived. The Probate Request Form is essential to the process of executing a will, as it allows the executor to receive formal approval from the court to begin the probate process. Even if the deceased has named you as executor in their will, you will still need to complete this form in order to gain authority from the court to move assets and spend money from the estate. Legalization is the legal process that takes place after someone dies and their estate is examined and distributed.
Generally, it is customary for the executor to publish a notice in the most important newspaper in the area where succession takes place. If you have been named in a will as executor or if you have been appointed by the court as an administrator or personal representative, it is your responsibility to fill out probate forms, protect and distribute the decedent's assets, file forms with the court, and pay any court fees associated with inheritance. The decedent's heirs (those who are entitled to a share of their property) must also be included in the inheritance application. The probate process begins when an individual (usually a spouse or adult child of the deceased) files an application with the county court and submits the deceased person's will and death certificate.
Gathering all of this information can be an emotionally challenging task, especially right after losing a loved one. After filing a petition for legalization, the court will issue Probate Letters to the executor. If you wish to act as executor in one of these cases, you must file an administration petition with the appropriate probate court. A probate court may also be required if an estate exceeds a certain value or if there are a large number of proprietary assets.
If you are an executor, make sure to contact the appropriate probate court to ensure that all necessary forms are filed or submitted at the right time. You can also contact an insurance company with a letter stating that you are the executor of the deceased's will and requesting information about any applicable life insurance policies. These documents are what will likely be required by either the probate court or asset holders (such as banks or motor vehicle departments) for administering an estate. Probate legal forms are court documents needed to interact with the court to open, process, and close an estate.
