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What Will I Need to Start the Probate Process?

After reviewing the decedent’s assets, the family will generally determine that they need a probate attorney to get things started. Sometimes a financial institution such as a bank or insurance company will inform the family that they need “letters from the court” or something to this affect.  Before seeing an attorney, the family will generally need the following information:

  • Original Last Will and Testament (if one exists)
  • At least original death certificate – short form (2 if real property is involved)
  • Preliminary list of decedent’s probate assets
  • Names and address of all persons named in the last will and testament, if known, or name/address of intestate beneficiaries 

Once the probate attorney is hired, a petition for administration is sent to the court.  If all works well, the court then issues letters of administration, which allows the personal representative the legal authority to act on behalf of the estate.

The process mentioned is for a formal probate administration. If the estate is simple and worth less than $75,000, then a summary administration may be available.

D. Rep DeLoach III
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Estate Planning and Board Certified Elder Law Attorney