1) After locating the Will a named executor or other interested party retains a Probate Attorney to probate the Will. The Probate Lawyer will then file the Will along with an Application for Probate of Will and Issuance of Letters Testamentary.
2) A County Clerk issues a citation and a notice is posted at the courthouse that an Application for Probate of Will has been received. After notice has been posted for the requisite time the Probate Attorney will request a hearing.
3) At the hearing the Probate Lawyer will prove up the facts of death. If the will is self-proven, being signed and notarized by witnesses, only the executor will be required to testify. If the will is not self-proven, a witness to the signing of the will must testify at the hearing.
4) After the judge approves the Application for Probate of Will, the executor a takes the Oath of Executor and the Letters Testamentary are requested. Letters Testamentary are the legal documents allowing the executor to act on behalf of the estate.
5) Within 30 days the Probate Attorney will publish with the local newspaper a notice to creditors. The Probate Lawyer will also within 60 days give send notice to creditors that Letters Testamentary have been issued. If the Probate Lawyer receives a claim by a creditor the executor must either reject or accept it within 30 days.
6) Within 60 days a letter drafted by the Probate Lawyer is delivered to the beneficiaries. The executor through the Probate Attorney will then file a sworn affidavit swearing the beneficiaries under the Will have been notified.
7) Within 90 days the Probate Lawyer with guidance from the executor will prepare an Inventory, Appraisement and List of Claims that lists the assets of and claims against the estate.
With assistance from the Probate Attorney the executor disburses the estate as provided for in the will. Subsequently, proper notices are filed in the Deed Records for real estate and new titles are filed for cars, boats and other titled property.
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