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
Independent administration with will annexed
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.Â Â Â The Decedent must have lived within the counties we serve;
2.Â Â Â There must be no contest or opposition to the will;
3.Â Â Â We must have the original signed will attested by two witnesses which contains valid self-proving language;
4.Â Â Â The will must allow for an independent administration without bond;
5.Â Â Â The named Independent Executor or Alternate Independent Executor must be able to qualify;
6.Â Â Â The Decedent must not have qualified for or received Medicaid benefits after 2004; and
7.Â Â Â No minors, incapacitated individuals, unknown individuals, or individuals with a legal disability may be involved in the matter.