IN GENERAL, IN ORDER TO PROBATE A WILL, WE WILL NEED AN ORIGINAL SIGNED WILL ATTESTED BY TWO WITNESSES. IT IS HELPFUL IF THE WILL CONTAINS A VALID SELF-PROVING AFFIDAVIT.
MUNIMENT OF TITLE
In this type of proceeding, the Court recognizes the will which allows property to be transferred without a formal administration of the estate.
To probate as a muniment of title:
- The Decedent must have lived within the counties we serve;
- There must be no contest or opposition to the will;
- We must have the original signed will attested by two witnesses which contains valid self-proving language;
- The will must allow for an independent administration without bond;
- The Decedent must not have qualified for, or received Medicaid benefits after 2004; and
- No minors, incapacitated individuals, unknown individuals, or individuals with other legal disabilities can be involved in the case.
Independent administration with will annexed
In this type of proceeding, there is either no executor named, or the will does not provide for an independent administration, or both.
If all the beneficiaries agree to an independent administration and designate a qualified individual to be the independent administrator of the estate, then the Court will probate the will and appoint the designated independent administrator to deal with creditors and then distribute the remainder of the estate to the beneficiaries.
To Probate the Will, it must meet the following qualifications:
1. The Decedent must have lived within the counties we serve;
2. There must be no contest or opposition to the will;
3. We must have the original signed will attested by two witnesses which contains valid self-proving language; and
4. No minors, incapacitated individuals, unknown individuals, or individuals with other legal disabilities can be involved in the case.
independent administration
In this type of proceeding, the Court admits the will to probate and appoints the Independent Executor named in the will (or alternate) to administer the estate and to deal with creditors, finances, and to transfer the remainder of the estate to the beneficiaries named in the will. This is the most common type of probate with a will.
To Probate A Will in this type of proceeding:
1. The Decedent must have lived within the counties we serve;
2. There must be no contest or opposition to the will;
3. We must have the original signed will attested by two witnesses which contains valid self-proving language;
4. The will must allow for an independent administration without bond;
5. The named Independent Executor or Alternate Independent Executor must be able to qualify;
6. The Decedent must not have qualified for or received Medicaid benefits after 2004; and
7. No minors, incapacitated individuals, unknown individuals, or individuals with a legal disability may be involved in the matter.
dependent (court supervised) administrations
If none of the other types of probate are advisable in your situation, if there are minors involved, or if the parties cannot or will not agree on an independent administration, then the Court will appoint a Dependent Administrator to administer the estate. These are very expensive, more complicated, and typically last much longer than an independent administration due to Court oversight.