Probate is the legal process of creating a will and having it approved so that when someone dies, their possessions will be passed onto an heir or a beneficiary. But not just anyone can create a will and have it honored, they need to file a petition in court under probate law. Homosassa residents who are looking to create a will need to know the importance of this step because without it, the executor will not be given the formal power needed to carry out the wishes listen in their will. But what is it all that is needed for a petition to be filed?
Contents of a Petition
Some states have different requirements for petitions but most courts require a number of documents to be filed alone with the petition. For example, along with the petition to probate a will, a notice of petition is needed to the administer of the estate, as well as documents that they will have to sign for probate law. Homosassa residents need to also prove that the will is valid, as many states make it so wills must be written entirely in their own handwriting to be approved. Many copies of the will must be given to administrators or the executor to be noted and signed.
Who is Allowed to File a Petition?
According to the American Bar Association, any interest party may file a petition to probate a will. An interested parted can be interpreted as anyone who has something to lose or gain for the probate the particular will in question. In probate law, Homosassa residents should be aware that most of the time the executor or personal representative of the estate files for the petition to probate a will in order to receive her letters.
*Disclaimer: The views expressed here are those of the authors and do not necessarily represent or reflect the views of Jhonston & Sasser, P.A*